Ex parte WATANABE et al. - Page 5




             Appeal No. 1996-3846                                                                              
             Application No. 08/251,649                                                                        


             has not shown a teaching or provided a convincing line of reasoning to meet the limitations       
             of claim 1, we cannot sustain the rejection of claim 1.                                           
                   With respect to claim 37, the examiner maintains that “Watanabe in figures 5 and 8          
             discloses a first pair (Q1, /Q1) [sic, D1, /D1] and second pair (Q3, /Q3) [sic, D3, /D3] of bit   
             lines, sense amplifiers (SA3) and (SA2) which selectively (using signals [blank], [blank] )       
             [to] prevent communication between output lines.” (See supplemental answer at page 2.)            
             This is a slightly different position than the examiner originally maintained in the answer at    
             page 4.  There the examiner stated “[s]ee Figure 8 with bit lines pairs connected to              
             differential amplifiers SA2 whose outputs are connected in common to first and second             
             output lines and bipolar transistors for preventing communication.”  With the original            
             statement of the rejection, it appears that the examiner relies upon two sense amplifiers         
             SA2 and using pairs of data lines D1 and D2.  With this basis as the rejection, the               
             Appendices A and B attached to the reply brief would appear to be correct and                     
             communication would not be prevented.  The examiner has not contradicted appellants’              
             analysis beyond a statement that “it is not possible to selectively prevent communication         
             between first and second output lines.”  (See supplemental answer at page 3.)  This               
             assertion by the examiner does not address the teaching or lack of teaching of Watanabe           
             relative to the claimed invention.   Here, the issue is not enablement or particularity of the    
             claimed invention, but whether Watanabe anticipated the invention as recited in claim 37.         


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