Appeal 2007-3958
Application 10/611,229
Appellant has not directed us to a special definition for “tunnel insulating
film” that would distinguish from the silicon oxide layer disclosed by Kim.
Appellant’s argument regarding the operating principle of the STTM
device of Kim is not persuasive (Br. 13-15). Kim discloses that the
reference to any x-axis or y-axis is meant to be interpreted in a directional
sense only. Specifically, Kim states:
Reference to a [sic, an] x-axis and a y-axis in conjunction
with a description of this invention is merely for establishing
relative direction of various components of the present STTM
memory cell array for purposes of ease of clarity and
comprehension for the reader of this description and not for any
other purpose. Reference to an x-axis and a y-axis in the
description of this invention is not to be interpreted as meaning
that the STTM of this invention actually requires any specific
x-axis or y-axis relative to any specific physical position on the
surface of the STTM, but instead is to be interpreted as
providing only direction, relative configuration and guidance as
to the various components of the STTM of the present
invention. Accordingly, the reference to any x-axis or y-axis is
meant to be interpreted in a directional sense only, i.e.,
horizontal versus vertical relative to a plane, and accordingly,
the reference thereof in the specification and the claims should
not be used to purposefully interpret the scope of the claims of
the present invention as requiring a particular x-axis or y-axis.
(Kim, col. 10, ll. 1-19). Thus, a person of ordinary skill in the art would
have reasonably expected that a charge could have been supplied from
Kim’s semiconductor substrate through the first dielectric layer (11) to the
first conductive layer (12).
Appellant has not referred to any secondary evidence to rebut the
prima facie case established by the Examiner. Accordingly, based on the
factual findings set forth in the Answer and above, we determine that the
6
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013