Appeal No. 1997-3479
Application 08/495,039
§ 112. Appellant responds that the claimed invention is
clearly supported by the disclosure and that the application
as a whole would enable the artisan to make and use the
claimed invention [brief, pages 4-11].
We agree with the position argued by appellant. The
record in this application suggests that the original examiner
had no understanding of the invention being disclosed and
claimed. This can be seen by the examiner’s reference to
Figures 2 and 4 of the application. These figures do not
reveal the “invention.” The invention as set forth in the
appealed claims is best represented by Figure 5 and the
corresponding disclosure related to Figure 5. This figure and
the disclosure show the invention to be in a specific
arrangement of the selectable ground lines and in the
materials making up the selectable ground lines. The
examiner’s assertion that the invention is the physical ROM
layout of Figure 4 is contrary to the claims which recite a
memory device having components arranged as shown in Figure 5.
The examiner’s rejection not only demonstrates a
complete lack of understanding of the invention, but it also
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