Ex parte NOBLE - Page 1




             The opinion in support of the decision being entered today was not written
             for publication in a law journal and is not binding precedent of the Board.
                                                                 Paper No. 39         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                            Ex parte WENDELL P. NOBLE, JR.                            
                                     ____________                                     
                                 Appeal No. 1998-3078                                 
                              Application No. 08/365,617                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before HAIRSTON, BARRY, and LEVY, Administrative Patent Judges.             
          BARRY, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the  rejection of claims 1-15, 24, and 26-28.  We reverse.                  


                                     BACKGROUND                                       
               The invention at issue in this appeal relates to dynamic               
          random access memory (DRAM) cell.  A DRAM cell consists of a                
          transistor and a capacitor, both formed on a semiconductor                  
          substrate, and interconnects formed by a layer of a conductor               
          on top of the substrate and in contact with the gate of the                 





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