Appeal No. 1998-0343
Application 08/439,209
points to Figure 4C of Ma and notes that dielectric layer 36C
is shown as having a different thickness from dielectric layer
36A [Answer, page 7]. Although Ma does not specifically
describe the thicknesses of layers 36C and 36A, we agree with
the examiner that they are shown in the figure as being
different. In the absence of any evidence that the different
thicknesses shown in Ma were unintentional, we agree with the
examiner that the invention of claim 6 is fully met by the
disclosure of Ma.
Claims 18 and 32 are separately argued by appellant
[Brief, page 6]. These claims recite that the memory
structure has only five transistors. The examiner observes
that the memory structure of Ma “has five transistors”
[Answer, page 6], but the examiner never addresses the
significance of the word “only” in these claims. It is clear
that neither a single cell structure of Ma nor a plurality of
cell structures in Ma has only five transistors. Therefore,
the invention as set forth in claims 18 and 32 is not
anticipated by Ma within the meaning of 35 U.S.C.
§ 102.
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