Ex parte FUKUHARA et al. - Page 2




              Appeal No. 1998-3074                                                                                        
              Application 08/804,850                                                                                      



                     C.  a first patterned layer of metal formed over and insulated from the patterned                    
              layer of polysilicon;                                                                                       
                     D.  a top layer of patterned metal formed over the first patterned layer of metal, at                
              least one fuse portion of the top layer of patterned metal forming a fuse link; and                         
                     E.  an oxide layer formed over at least the fuse portion of the top layer of patterned               
              metal.                                                                                                      

                     The following references are relied on by the examiner:                                              
              Simmons et al.  (Simmons)           4,714,949                   Dec. 22, 1987                               
              Mizushima                                  5,404,045                    Apr.   4, 1995                      
                                                                       (filed Feb. 22, 1994)                              
                     Claims 1 through 7 and 19 through 26 stand rejected under 35 U.S.C. § 103.  As                       
              evidence of obviousness, the examiner relies upon Simmons in view of Mizushima.                             
                     Rather than repeat the positions of the appellants and the examiner, reference is                    
              made to the briefs and the answer for the respective details thereof.                                       


                                                       OPINION                                                            
                     We reverse the art rejection under 35 U.S.C. § 103 of claims 1 through 7.  Because                   
              we introduce a rejection of claims 19 through 26 under the second paragraph of 35 U.S.C.                    
              § 112, we reverse the art rejection under 35 U.S.C. § 103 of these claims in a pro forma                    
              sense.                                                                                                      



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