Ex parte NASBY - Page 10




          Appeal No. 1996-3444                                                        
          Application No. 08/245,785                                                  


          modification would destroy the intent, purpose, or function of              
          the Chang reference (Brief, page 5).                                        
               Upon careful review of the applied prior art in light of               
          Appellant’s arguments, we are in agreement with Appellant’s                 
          position as stated in the Brief.  In our view, Chang’s                      
          existing provision for a reset function obviates any need for               
          an external reset switch and accompanying electrode                         
          connection.  Since the reset techniques of Chang and Takeshita              
          are so opposed to each other, it is our opinion that the                    
          rationale for combining their teachings could only come from                
          an improper hindsight reconstruction of the invention by the                
          Examiner.  Therefore, since we can find no basis in the                     
          applied prior art to combine their teachings in the manner                  
          proposed by the Examiner, the                                               
          35 U.S.C. § 103 rejection of claim 1 is not sustained.                      

                    The rejection of claim 2 as unpatentable over                     
                    Chang in view of Takeshita, Waters, and Young.                    
               It is apparent from the Examiner’s statement of the                    
          grounds of rejection at page 4 of the Answer that Young was                 
          applied solely to meet the ferroelectric material feature of                
          dependent claim 2.  As noted by the Examiner, Young teaches                 
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