Appeal No. 96-0665
Application No. 08/179,887
floating gate in Adam as Fg, it is seen that the floating gate
“consisting solely” of “a first portion” (say, beginning from the
line going through the label “Fg” in Adam’s Fig.5 as depicted on
page 4 of the reply brief and extending to the right all the way
to the end of the floating gate) ; and an elongated portion2
including “a first part” (as depicted by appellant in the
annotated Fig. 5 at page 4 of the reply brief) located over
portions of the source and drain regions and over the channel
region, and a “second part” (that portion indicated by appellant
as the “second part between first part and first portion” on the
annotated Fig. 5 at page 4 of the reply brief). Accordingly,
Fig. 5 (as well as either one of Figs. 3 or 4, for similar
reasons) of Adam does, indeed, disclose the subject matter of
claim 16.
Now, appellant focuses on the portion of Fg, in Adam, which
overlies diffusion region 4 and contends that this cannot be the
claimed “second part” because it does not lie between the first
part and the first portion. We agree. However, there is nothing
2Note that this “first portion” is located over the
control gate region, as shown by appellant at page 4 of the reply
brief.
4
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