Ex Parte Yajima - Page 6



          Appeal No. 2005-0520                                                        
          Application 09/768,271                                                      


          same integrated circuit, as comprising a polysilicon floating               
          gate on a field oxide region, as called for in the appealed                 
          claims.  The present record is devoid of the requisite objective            
          evidence that the drawings of Yoo are in error.                             
               In conclusion, based on the foregoing, the examiner’s                  
          decision rejecting the appealed claims is affirmed.                         
               No time period for taking any subsequent action in con-                
          nection with this appeal may be extended under 37 CFR § 1.136(a).           
                                       AFFIRMED                                       


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         BRADLEY R. GARRIS             )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY A. PAWLIKOWSKI        )                              
                         Administrative Patent Judge   )                              
          ECK/psb                                                                     


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