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 - 18 -Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007