Appeal No. 2001-2089
Application 08/993,368
(CCPA 1968); W.L. Gore & Associates, Inc. V. Garlock, Inc., 721
F.2d 1540, 1548, 220 USPQ 303, 311 (Fed. Cir. 1983), cert denied,
469 U.S. 851 (1984).
In particular, in order for us to accept the Examiner’s
conclusions in the present factual situation, we would have to
improperly selectively ignore significant portions of the
disclosure of the Komori reference. As pointed out by Appellant,
Komori, besides having no mention whatsoever of select gate
transistors, specifically designates transistor Qn, relied on by
the Examiner as suggesting the claimed structure, as a peripheral
circuit component (Komori, column 6, line 64 through column 7,
line 3). Given the above deficiency in the disclosure of Komori,
it is our opinion that any suggestion to modify the select gate
transistor circuitry in a core region of the Momodomi memory
structure, could not come from the peripheral transistor
structure teaching in Komori, but rather only from Appellant’s
own disclosure.
Further, we agree with Appellant that, while features
of prior art references may be combined for a different reason
than that of a claimed invention, the Examiner has the burden of
showing that the stated rationale for a proposed combination has
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