Ex Parte NAGATA et al - Page 5



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

          to support the examiner’s allegation.  The examiner has done just           
          that, citing U.S. Patent Nos. 5,640,030, 5,682,344, 5,341,326 and           
          5,805,495.                                                                  
               The burden now shifted to appellants to show, by argument,             
          or objective evidence, why the cited references do not show what            
          the examiner alleges they show.  Since appellants have not                  
          responded to the examiner’s showing, we will sustain the                    
          examiner’s rejection of claim 3 under 35 U.S.C. § 103.                      
               Finally, turning to claim 4, it is the examiner’s position             
          that Chang discloses a bitline connected to a bitline contact but           
          that Figure 3 did not explicitly show the bitline overlying a               
          plurality of transistors and that the conductive plate is                   
          patterned so that it does not affect alignment relationships in             
          the connections between the bitline and the transistors.                    
               The examiner alleges that since the bitline contact is                 
          clearly located between the conductive strips in Figure 3 of                
          Chang, the formation of the conductive plates “inherently does              
          not affect alignment relationship in the connections between the            
          bitline and the transistors” and that “the bitline is formed                
          overlying the transistors is well known and conventional in the             
          art” (answer-page 5).                                                       

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