Ex parte HARDEE - Page 8

          Appeal No. 1998-1657                                       Page 8           
          Application No. 08/674,282                                                  

          and claims similar thereto in the divisional '328 Application               
          and its parent application.  (Appeal Br. at 38.)                            

               Although claims 5-7, 20-26, and 28-39 of the instant                   
          application have been amended since the restriction                         
          requirement, the examiner fails to allege, let alone show,                  
          that the claims have been altered to recite a method of                     
          operating a sense amplifier utilizing a read amplifier and                  
          data write circuitry or a method of any sort.  To the                       
          contrary, the claims are still apparatus claims drawn to "[a]               
          sense amplifier arrangement for an integrated circuit memory                
          ...."  Cf.  Applied Mats., Inc. v. Advanced Semiconductor                   
          Mats., 98 F.3d 1563, 1568, 40 USPQ2d 1481, 1484 (Fed. Cir.                  
          1996) ("In this case consonance was not violated, for the                   
          process claims remained in separate patents from the apparatus              
          claims although the scope of the process claims was                         
          modified.")  The claims also omit data write circuitry.                     
          Because claims 5-7, 20-26, and 28-39 recite neither a method                
          nor data write circuitry, we are not persuaded that the claims              
          cross the line of demarcation drawn in the restriction                      
          requirement.  Therefore, we reverse the provisional rejection               

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