Ex parte OHNO - Page 4




          Appeal No. 97-3917                                                          
          Application 08/467,650                                                      

          electrode being formed of a material having a barrier                       
          property,                                                                   
               said capacitor dielectric film being in contact with the               
          upper surface and side surface of said first-layer electrode                
          an being spaced out from the side surface of said second-layer              
          electrode.                                                                  
                                       Opinion                                        
               Our opinion is based solely on the arguments raised by                 
          the appellant in his briefs.  We do not address and offer no                
          opinion on arguments which could have been raised but were not              
          set forth in the briefs.                                                    
               We sustain the rejection of claims 1-18 over prior art.                
               The appellant has grouped all claims 1-18 together for                 
          single treatment (Br. at 5).  We will discuss claim 1.                      
               As noted above, Anand was relied on by the examiner only               
          to show specific materials well known for forming the                       
          capacitor.  Claim 1 does not require any specific material.                 
          Therefore, we will discuss the rejection based on the admitted              
          prior art, Takahashi, Torii and Koyama.  The discussion would               
          be equally applicable to the rejection based on the admitted                
          prior art, Takahashi, Torii, Koyama and Anand.                              
               The distinction of the claimed invention over the                      
          admitted prior art of Figures 5 and 6 is that the second-layer              


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