Ex parte OHNO - Page 11




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

          the dielectric film.  That lends further support to our view                
          that the second-layer electrode need not confront the second                
          capacitor electrode through the dielectric film interposed                  
          therebetween.                                                               
                                     Conclusion                                       
               The rejection of claims 1-18 under 35 U.S.C. § 103 as                  
          being unpatentable over the appellant’s admitted prior art,                 
          Takahashi, Torii, and Koyama is affirmed.                                   
               The rejection of claims 1-18 under 35 U.S.C. § 103 as                  
          being unpatentable over the appellant’s admitted prior art,                 
          Takahashi, Torii, Koyama, and Anand is affirmed.                            
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under                           
          37 CFR § 1.136(a).                                                          
                                      AFFIRMED                                        





                         Michael R. Fleming                 )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              

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