Ex parte MEYER et al. - Page 5




          Appeal No. 1997-3668                                                         
          Application 08/395,228                                                       


          corner, and neither of the two cited references individually                 
          or combined shows such an overlap.  Appellants state the                     
          Examiner admits that Murakami does not show an overlap, and                  
          Burger makes it clear in the manufacturing process described                 
          (column 4, lines 37-42, column 5, lines 7-9) that the two                    
          layers formed are always directly coincident or line-on-line                 
          for all regions, with no overlap.  (Brief-pages 4 and 5.)                    




                    The Examiner responds with a new position that                     
          Burger discloses a functional overlap, or alternatively, that                
          Burger when modified by Murakami, results in an overlap.                     
          (Answer-page 5.)  The Examiner explains the functional overlap               
          as all resistive portions under the terminal portions L11,                   
          L12...L32 being effectively not present owing to the low                     
          conductivity of the contacts overlying the resistive portions.               
          In the alternative, the Examiner’s resultant overlap is                      
          reasoned that employing the Murakami resistor pattern (R1, R2-               
          -Figure 10) in place of the resistors of Figure 2 of Burger                  
          results in the claimed overlap because Burger’s terminal                     


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