Ex parte HARDEE - Page 5




          Appeal No. 1998-1657                                       Page 5           
          Application No. 08/674,282                                                  


          We begin by addressing the rejections for obviousness-type                  
          double patenting.                                                           


                          Obviousness-Type Double Patenting                           
               Regarding the obviousness-type double patenting rejection              
          over claims 13-46 of the '328 Application, the appellant                    
          argues, "[c]laims 5-7, 20-26, and 28-39 ... are directed to a               
          sense amplifier with a column read amplifier and local sense                
          amplifier drive transistors, and are not directed to a method               
          which is the subject of the related application."  (Appeal Br.              
          at 39.)  Regarding the obviousness-type double patenting over               
          claims 8, 9, and 14-50 of the '183 Application, the appellant               
          argues, "[c]laims 5-7, 20-26, and 28-39 are not directed to an              
          apparatus, that requires pass transistors nor local data write              
          driver circuits and which is the subject of the related                     
          application."  (Id. at 40.)  The examiner collectively                      
          responds, "claims 5-7,                                                      
          20-26 and 28-39 ... have been amended and changed since the                 
          original restriction requirement and hence are not consonant                
          with the restriction requirement made by the Examiner ...."                 
          (Examiner's Answer at 8.)                                                   







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