Ex parte KAGAYAMA - Page 9




          Appeal No. 1999-1574                                                        
          Application No. 08/321,324                                                  

          the selection electrode being on the same plane, as                         
          interpreted in regard to claim 1.  Therefore, for the same                  
          rationale, we do not sustain the anticipation rejection of                  
          claim 11 by Kitamura.  Since claims 2 to 3, 7 to 10, 12, 13,                
          and 17 to 19 are dependent                                                  
          on the independent claims 1 and 11, they also contain the same              
          limitations, and therefore, the anticipation rejection of                   
          these claims by Kitamura is also not sustained.                             























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