Ex parte KUMAGAI et al. - Page 7




          Appeal No. 1999-2839                                                          
          Application 08/824,716                                                        


          passes  through  both  [insulating]  layers  30  [20]  and  40.               
          Examiner’s Answer at page 4.                                                  
















          Furthermore, with respect to the claimed contact area, Examiner               
          contends that Gallagher clearly states that the area of the                   
          upper electrode is 2 microns by 8 microns which is almost two                 
          orders  of  magnitude  less  than  the  claimed  upper  limit.                
          Examiner’s Answer at page 4.                                                  
               “A rejection for anticipation under section 102 requires                 
          that each and every limitation of the claimed invention be                    
          disclosed in a single prior art reference.”  In re Paulsen, 30                
          F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994).   In               


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