Appeal No. 97-3917
Application 08/467,650
Furthermore, even the Prior Art Figures 5 -
6 teach a first portion of electrode 11 and
a second portion 12 wherein dielectric 13
is "spaced out" from small circumference
electrode 11 by insulator 9.
The examiner’s position is reasonable. As is seen in
appellant’s Figure 6, the plug 11 forms a lower or second-
layer electrode and layer 12 forms an upper or first-layer
electrode. The dielectric film 13 contacts the upper and side
surfaces of the upper or first-layer electrode and is spaced
out from the lower or second-layer electrode 11 by insulator
9.
The appellant attempts to rebut the examiner’s position
by stating that claim 1 recites: "a second capacitor electrode
formed to confront said first capacitor electrode with said
capacitor dielectric film interposed therebetween." According
to the appellant, the above-quoted limitation would require
the lower or second-layer electrode of the first capacitor
electrode to be confronting the second capacitor electrode
with a dielectric film in between. We disagree.
The first capacitor electrode still confronts the second
capacitor electrode even if only its first-layer electrode and
not its second-layer electrode is confronting the second
9
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