Ex parte ISHIDA et al. - Page 9




               Appeal No. 1997-3166                                                                                               
               Application No. 08/509,638                                                                                         


                      Accordingly, the memory cell with connection of U  will constantly flip into the position                   
                                                                           cc                                                     
                      in which node 3 lies approximately at the potential of the terminal lead 1 and node 4 lies                  
                      approximately at the potential of terminal lead 2.  The information stored in this manner                   
                      can be used for test or checking purposes.                                                                  

               Oldham, column 2, lines 40 through 57.                                                                             

                      Oldham thus teaches that the channel resistances of load transistors T2 and T4 should be                    

               different, and explicitly discloses that the “dimensions” of the channels should be embodied differently.          

               Oldham gives an example of providing a different channel width to yield the desired difference in                  

               resistance.  We find that the suggestion to vary dimensions of load transistors T2 and T4 would have               

               led the artisan to investigate different combinations of the variations in the dimensions, including making        

               one channel length longer than the other channel length.  We conclude that, in view of the teachings of            

               Oldham, the subject matter as a whole of appellants’ Claim 21 would have been prima facie obvious to               

               the artisan at the time of invention.                                                                              



                                                        CONCLUSION                                                                

                      The rejections of Claims 16-24 are reversed.                                                                

                      The rejections of Claims 25-27 are affirmed.                                                                

                      The appeal with respect to Claim 28 stands dismissed.                                                       

                      Claim 21 stands rejected under 35 U.S.C. § 103(a) over Oldham.                                              



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