Ex parte SHIROTA et al. - Page 6




          Appeal No. 1997-3442                                       Page 6           
          Application No. 08/210,288                                                  


          brief, the examiner has indicated, on the marked-up copy of                 
          Figure 1 of Adler, that the word blocks, or NAND memory cells               
          themselves, include the first to fourth selection transistors.              
          This is contrary to the claimed invention which clearly                     
          indicates that these selection transistors are elements                     
          separate from the NAND memory cells.  Therefore, since the                  
          transistors identified by the examiner in Adler as the claimed              
          selection transistors are not arranged in the same manner as                
          required by independent claim 1, i.e., between terminals of the             
          NAND memory cells and bit or source lines, Adler cannot be said             
          to anticipate the instant claimed invention.                                
               Accordingly, the examiner’s rejection of claims 1, 3, 4                
          and 6 through 8 under 35 U.S.C. 102(b) will not be sustained.               
               With regard to the rejections of claims 2, 5 and 9 under               
          35 U.S.C. 103, we also will not sustain these rejections                    
          because Choi and/or Kanazawa do not provide for nor suggest the             
          deficiencies noted supra with regard to Adler.  Therefore, we               
          do not reach dependent claims 2, 5 and 9.                                   
               The examiner’s decision is reversed.                                   


                                       REVERSED                                       







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