Ex Parte Tang et al - Page 6


         Appeal No. 2004-0633                                                       
         Application No. 10/011,198                                                 


         found in paragraph [0031] on page 11 of the specification, and,            
         finally, the phrase “integral part” is found in paragraph [0037]           
         on page 13 of the specification.                                           
              The above discussion of the parts of the specification are            
         now considered with regard to the subject matter of claim 37, as           
         follows.  Claim 37 recites:                                                
              37. A portion of a memory array, comprising at least one              
         integrated structure comprising a first interconnect within said           
         memory array and an electrical connector extending upward from             
         said interconnect.                                                         
              Because of the claimed phrase “at least one integrated                
         structure”, claim 37 is open to multiple such structures.                  
         We find that layer metal-1 of Yu can be one integrated                     
         structure, and that layer metal-2 of Yu can be another                     
         integrated structure.  Each of these layers is formed by a one-            
         step metal deposition process.  See column 6, lines 40-42,                 
         column 7, lines 34-35, and Figure 6 of Yu.  Hence, as discussed            
         above in regard to appellants’ specification, layer metal-1 is             
         formed by a one-step metal deposition process.  Hence, it can be           
         an M1 structure.  Likewise, layer metal-2 can be such a                    
         structure.  In this way, we agree with the examiner’s                      
         anticipation rejection.                                                    
              Therefore, we affirm the 35 U.S.C. § 102(b) rejection of              
         claim 37.                                                                  

         II. The 35 U.S.C. § 103 rejection of claims 31, 32, and 33 as              
              being obvious over Ito in view of Yu                                  
              On page 13 of the brief, appellants state that this                   
         rejection fails because of the conflicts between Ito and Yu as             
         discussed in the brief.  Beginning on page 9 of the brief,                 
         appellants discuss conflicts between Ito and Yu.  On page 10 of            

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