Appeal No. 2004-0393
Application 09/388,824
Claims 53-60 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Jimenez.
OPINION
Claims 53, 54, 57, and 58
Claims 53, 54, 57, and 58 stand or fall together with
independent claim 53.
Initially, we must determine what weight, if any, to give to
the phrase "for forming a memory circuit" and the term "digit
lines." Claim 53 is a method claim "for forming a memory
circuit." No memory circuit is recited in the claim body and,
thus, "for forming a memory circuit" is considered a statement of
intended use. The examiner previously stated that "digit lines"
was "a label or statement of intended use" (FR3). We agree. The
term "digit lines" refers to conductive lines that serve the
function of bit lines of a memory circuit; however, no memory
circuit is claimed. Thus, we interpret "digit lines" to be like
a statement of intended use or function, which only requires that
the structure be capable of performing that use. Appellants have
not shown why metal lines M1-1 and M1-2 are not capable of
performing the function. Looked at in another way, appellants
have not shown that the product produced by the method of
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