Appeal No. 1998-0343 Application 08/439,209 the first conductive member is a gate for a first transistor and a control gate for a second transistor; the second conductive member lies adjacent to the second floating gate and overlies a second portion of the channel region that is not covered by the first or second floating gates; and the second conductive member is a control gate for a third transistor and a gate for a fourth transistor; and the first and second conductive members are spaced apart from each other; and a third conductive member overlying a third portion of the channel region that lies between the first and second conductive members, wherein the third conductive member is a select gate for the memory structure. The examiner relies on the following reference: Ma et al. (Ma) 5,278,439 Jan. 11, 1994 (filed Aug. 29, 1991) Claims 4-6, 8, 9, 16-25, and 28-33 stand rejected under 35 U.S.C. § 102(a) as being anticipated by the disclosure of Ma. We note that claims 20-22 depend from claim 1 which has been allowed by the examiner. Therefore, the rejection of these claims based upon the disclosure of Ma is clearly inappropriate. Rather than repeat the arguments of appellant or the examiner, we make reference to the brief and 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007