Appeal No. 2001-0607
Application No. 09/244,429
arrangement to be achieved and it may be true that if the
examiner can show, in the prior art, the structure set forth in
claim 18, with the claimed thickness, albeit made by a different
process, then the subject matter of claim 18 would be
unpatentable. However, since the examiner has not shown that
this structure is taught or suggested by the prior art, and we
will not speculate on Yoshimi’s thickness for a control gate
arrangement and on whether it can be made of a plurality of
layers, we will not sustain the examiner’s rejection of claims
18-20 and 22-25 under 35 U.S.C. 103.
The examiner’s decision is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
)
)
)
)
MICHAEL R. FLEMING ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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