Ex parte SHIMADA et al. - Page 18




          Appeal No. 1997-3911                                                        
          Application 08/368,758                                                      


          calling for the switching means to “selectively switch[] the                
          access by the address control means from the defective                      
          information part in the read-only information storage means to              
          the correcting information stored in the correcting                         
          information storage means,” clearly requires that the                       
          correcting information stored in the correcting information                 
          storage means be the information that is to be substituted for              
          the defective information.  In Patrick, that information is                 
          stored in PROM 40 rather than in memory 44, which instead                   
          stores one-bit data identifying the ROM addresses of defective              
          information.  As Patrick's memories 40 and 44 correspond                    
          respectively to Yamaguchi's PROM 6 and register 7, the effect               
          of applying Patrick's RAM suggestion to Yamaguchi would be to               
          replace Yamaguchi's register 7 rather than PROM 6 with a RAM,               
          which would not satisfy the claim.                                          
               The rejection is also unconvincing to the extent it is                 
          based on the assertions that replacement of Yamaguchi's on-                 
          chip PROM 6 with an on-chip RAM would have been obvious                     
          because they are “functional equivalents” and that choosing                 
          one or the other is therefore a matter of “design choice.  The              
          examiner has not explained, and it is not apparent to us, why               
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