Ex Parte NAKAMURA et al - Page 6



          Appeal No. 2000-0660                                                        
          Application No. 08/985,278                                                  

          not disagree that Hayashi teaches all the other claim                       
          limitations.                                                                
               We find that Hayashi et al. clearly teaches that an 'MONOS'            
          type nonvolatile semiconductor memory . . . forms a single                  
          transistor memory cell.  Therefore, we find that Hayashi teaches            
          a "non-volatile one transistor memory cell" as claimed.                     
               In regard to Appellants' argument as to the leakage current,           
          we find nothing in Appellants' claim limitations that requires              
          the "non-volatile one transistor memory cell" to operate without            
          the leakage current and thereby Appellants' claim language does             
          not preclude the reading of the Hayashi non-volatile one                    
          transistor memory cell on Appellants' claim 1.                              
               Appellants have not made any other arguments in regard to              
          the Hayashi reference and claim 1.  We therefore find that the              
          teachings of Hayashi meet Appellants' claimed limitation.                   
               Appellant has not made any other arguments.  37 CFR § 1.192            
          (a) states:                                                                 
               Appellant must, within two months from the date of the                 
               notice of appeal under § 1.191 or within the time                      
               allowed for reply to the action from which the appeal                  
               was taken, if such time is later, file a brief in                      
               triplicate.  The brief must be accompanied by the fee                  
               set forth in § 1.17 (c) and must set forth the                         
               authorities and arguments on which appellant will rely                 
               to maintain the appeal.  Any arguments or authorities                  
               not included in the brief will be refused consideration                
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