Appeal No. 1998-0343
Application 08/439,209
reference discloses, expressly or under the principles of
inherency, each and every element of a claimed invention as
well as disclosing structure which is capable of performing
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388
(Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore
and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554,
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
With respect to independent claims 4 and 23, the examiner
indicates how Ma discloses a plurality of components of a
nonvolatile memory structure [Answer, pages 4-5]. We note
that the examiner’s indication does not appear to correspond
to any particular one of the claims on appeal nor address all
the specific recitations of independent claims 4 or 23. In
other words, the examiner’s rejection simply points out that
some of the claimed features are disclosed by Ma.
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