Appeal No. 2003-1310
Application No. 09/761,738
In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed.
Cir. 1994), citing In re Spada, 911 F.2d 705, 708, 15 USPQ2d
1655, 1657 (Fed. Cir. 1990). The inquiry as to whether a
reference anticipates a claim must focus on what subject matter
is encompassed by the claim and what subject matter is described
by the reference. As set forth by the court in Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed.
Cir. 1983), it is only necessary for the claims to “‘read on’
something disclosed in the reference, i.e., all limitations of
the claim are found in the reference, or ‘fully met’ by it.”
After reviewing Krolikowsky, we find that the Examiner
presents sufficient evidentiary support to establish a prima
facie case of anticipation. Krolikowski relates to memory array
and its method of manufacturing for laying out a very dense FET
array on a small chip area having small spacing and dimension
rules (abstract). In Figures 9A-9D, Krolikowsky shows the steps
for arranging exemplary mask patterns related to the N+ regions
(source and drain regions), contact holes, gate and the
metallization pattern of a FET as a part of the memory array
(col. 11, lines 20-28). In particular, Krolikowsky shows that at
each step, the corresponding alignment mark is matched with the
previous ones to position different circuit elements according to
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