Ex Parte NAGATA et al - Page 2



          Appeal No. 2002-2072                                                        
          Application No. 09/332,360                                                  

               1.  A random access memory, comprising:                                
               an array of capacitors, ones of said capacitors being                  
          electrically coupled by a conductive plate which overlies said              
          array of capacitors wherein the pattern of said conductive plate            
          is continuous in at most one dimension, but not in two                      
          dimensions; and                                                             
               the conductive plate is patterned in strips which are                  
          diagonal to gate structures underlying said array.                          
               The examiner relies on the following reference:                        
          Chang                   6,020,235               Feb. 1, 2000                
                         (filed Apr. 14, 1998)                                        
               Claim 1 stands rejected under 35 U.S.C. § 102(e) as                    
          anticipated by Chang.                                                       
               Claims 3 and 4 stand rejected under 35 U.S.C. § 103 as                 
          unpatentable over Chang.                                                    
               Reference is made to the brief and answer for the respective           
          positions of appellants and the examiner.                                   
                                       OPINION                                        
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under the principles of                   
          inherency, each and every element of a claimed invention as well            
          as disclosing structure which is capable of performing the                  
          recited functional limitations.  RCA Corp. v. Applied Digital               
          Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.               
                                         -2–                                          




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