Appeal No. 95-3678
Application 07/545,786
Claims 5, 6 and 12 have been cancelled. The final rejection
noted that “[c]laims 2-4, 7-10 and 15 remain withdrawn from
further consideration as having already been decided by the
Board, Res Judicata” [page 5]. The brief indicates that the
appeal is taken with respect to claims 1-4, 7-11 and 13-15 [page
1], whereas the answer indicates that the appeal only involves
claims 1, 11, 13 and 14 since “[C]laims 2-4, 7-10 and 15 have
already been decided by the Board in their previous decision”
[answer, page 1].
The examiner’s withdrawal of claims 2-4, 7-10 and 15 from
the appeal on the ground of Res Judicata was improper. Res
Judicata is a ground of rejection which is subject to review by
the Board of Patent Appeals and Interferences. Thus, the
examiner’s final rejection is tantamount to rejecting claims 2-4,
7-10 and 15 on the ground of Res Judicata, and we will treat
these claims as having been so rejected. Accordingly, this
appeal is directed to the rejection of claims 1-4, 7-11 and 13-15
as argued by appellant.
The claimed invention pertains to a method and apparatus
for controlling a semiconductor memory device. More
particularly, the invention is directed to the setting of circuit
means for manipulating the data to an active or inactive state
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007