Ex Parte NAGATA et al - Page 6



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

               Since Chang only shows a bitline contact, but does not show            
          the bitlines themselves, nor does Chang discuss any relationship            
          between bitlines and transistors, in our view, the examiner’s               
          rationale is no more than speculation.  We cannot say, from                 
          Chang’s disclosure, that there is a bitline overlying a plurality           
          of transistors nor can we say that the conductive plate 14 is               
          patterned such that it “does not affect alignment relationships             
          in said connections between said bitline and said transistors,”             
          as claimed.                                                                 
               Accordingly, we will not sustain the rejection of claim 4              
          under 35 U.S.C. § 103.                                                      
               Since we have sustained the rejection of claims 1 and 3 but            
          we have not sustained the rejection of claim 4, the examiner’s              
          decision is affirmed-in-part.                                               










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