Ex parte MADAN - Page 18




          Appeal No. 1999-1631                                                        
          Application 08/733,586                                                      

          horizontal direction is defined by a line connecting the gates              
          of transistors Q  and Q .  Appellant argues that reading the2     4                                                     
          term "horizontally aligned" on such a line is contrary to the               
          paragraph bridging pages 1 and 2 of the specification.  To the              
          extent appellant means that the term "horizontal" must be read              
          as limited to the left-right direction in Harari's Figure 4,                
          we do not agree.  However, to the extent appellant is arguing               
          that the "horizontal" direction is limited to one or the other              
          of the orthogonal directions defined by the edges of the                    
          features shown in Figure 4, we agree.  Because a line                       
          connecting the gates of transistors Q  and Q  would have an2      4                               
          angle of about forty-five degrees relative to those orthogonal              
          directions, we hold that those transistors are not                          
          horizontally aligned.                                                       
               Consequently, we are reversing the § 102 rejection of                  
          claim  10 and thus of its dependent claims 11-13 and 15.                    
          H.  Summary                                                                 
               Summarizing, the § 112, ¶ 1 rejection of claim 6 is                    
          reversed; the § 112, ¶ 2 rejection of claims 2, 6, 7, and 14                
          is affirmed; and the § 102 rejection is affirmed as to claims               




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