Appeal No. 95-3675
Application No. 08/025,822
function language of the instant claims be construed to cover the
corresponding structure, and its equivalents, taught by the
instant disclosure. The switching means of the instant
disclosure, and its equivalents, shown, for example on the right
side of Figure 1 and in Figures 5 and 6 constitute the disclosed
structure for the claimed “random-access potential setting means
for setting a potential of the volatile control means…”
While there may be debate on what constitutes an
“equivalent” to this disclosed structure, and the examiner never
comes to grips with this issue as the examiner never responded to
appellants’ reply brief, the examiner admits [answer-page 3] that
“it is clear that appellant’s [sic, appellants’] discloses [sic,
disclosed] structure is different from the structure taught by
Logie.” Accordingly, the examiner recognizes that the disclosed
structure to which the claimed “means-plus-function” (relating to
the “random-access potential setting means”) language refers, in
accordance with 35 U.S.C. ' 112, paragraph 6, is not taught or
suggested by Logie.
More particularly, the claimed “random-access potential
setting means for setting a potential of the volatile control
means…” is construed to include a switch (FET or diode
arrangement) including a source region connected to a gate (which
is the volatile control means) and another gate connected to a
word line. In Logie, however, the word line is connected
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