Ex Parte Lee - Page 1




                        The opinion in support of the decision being                
                       entered today was not written for publication                
                         and is not binding precedent of the Board                  
                                     ___________                                    
                      UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                     ___________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                     ___________                                    
                               Ex parte THOMAS H. LEE                               
                                     ___________                                    
                                Appeal No. 2006-1545                                
                               Application 10/254,3261                              
                                     ___________                                    
                                      ON BRIEF                                      
                                     ___________                                    


         Before HAIRSTON, JERRY SMITH, and BARRETT, Administrative Patent           
         Judges.                                                                    
         BARRETT, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                 
              This is a decision on appeal under 35 U.S.C. § 134(a) from            
         the final rejection of claims 42-56.                                       
              We reverse.                                                           

                                     BACKGROUND                                     
              The invention relates to a steering element (a PN diode) and          
         a state change element (a dielectric rupture antifuse)                     
         electrically connected between two conductors forming a                    
         nonvolatile memory cell.  The steering element is a                        
                                                                                   
              1  Application for patent filed September 25, 2002, entitled          
         "Diverse Band Gap Energy Level Semiconductor Device," which is a           
         division of Application 10/077,108, filed February 15, 2002.               
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