Appeal No. 2005-2284
Application No. 09/748,589
combine the relevant teachings of the references. In re Fine, 837
F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
With regard to the independent claims 126 and 130, the
examiner contends that both Zhang (abstract, Figures 1, 4-6, column
1, lines 14-16, 63-67, column 2, lines 1-9, 16-26, and column 10,
line 49 to column 11, line 28) and Johnson (abstract, Figures 4 and
5, column 1, lines 14-60, column 4, lines 11-22, column 12, lines
42 to column 13, line 25, column 16, lines 4-20, and column 18,
lines 32-36) each individually teaches a three dimensional write-
once memory device including a support element carrying a memory
array comprising a plurality of cells arranged in a plurality of
layers stacked vertically above one another, the memory cells
deposited, patterned, and etched without using any bonding material
between the layers. The examiner also points to Paper No. 35, at
page 37, for an admission by appellants of these features being
well known.
The examiner admits that neither Zhang nor Johnson discloses
the ECC “circuitry carried by the support element” but contends
that this arrangement is disclosed in the analogous 3-D array of
Leedy (referring specifically to Leedy’s Background section, Figure
2C, column 6, lines 61-66, and column 12, lines 23-31).
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