Appeal No. 97-4425
Application 08/619,418
a conductive element connected to the first and second nodes
for transferring the sense amplifier control signal to both said
first and second sense amplifiers during the sensing operation.
Opinion
Our opinion is based solely on the arguments made by the
appellants in their briefs. Arguments which could have been but
in fact are not made by the appellants are considered to be
waived and will not be considered or addressed.
Anticipation is established only when a single prior art
reference discloses, either expressly or under the principles of
inherency, each and every element of the claimed invention. In
re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir.
1990); RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d
1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).
The issue in this case centers about whether Kohno discloses
"a first conductive element" as is recited in independent claim
11. According to claim 11, the first conductive element is
connected to the first and second nodes and is formed in the
"major surface" of the substrate. The function of the first
conductive element is to transfer control signals to the first
and second amplifiers during the sensing operation. The
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