Ex Parte EVANS et al - Page 8




          Appeal No. 2001-0319                                                        
          Application 09/005,841                                                      

          electrical insulators (Br10-11).  It is argued (Br11-12) that               
          Ahmad does not disclose the claimed doubly asymmetric capacitor             
          structure which is asymmetrical not only with respect to the                
          metal oxide coatings, but also by use of a cathode oxide coating            
          that is an electrical conductor and an anode oxide coating that             
          is an electrical insulator (i.e., a dielectric).                            
               The examiner admits that Ahmad's list of "conductive oxides"           
          may include dielectric oxides, "[h]owever, Ahmad defines                    
          'conductive metal oxides' to include oxides (preferable) of                 
          tantalum, niobium, and titanium" (EA7).                                     
               While not exactly clear, we assume the examiner's position             
          is that Ahmad discloses tantalum, niobium, and titanium oxides              
          whether they are actually dielectric or electrically conductive             
          oxides.  We tend to agree.  Unless it is shown by appellants that           
          tantalum, niobium, and titanium oxides could be made to be either           
          as a dielectric or electrically conductive oxide, it would seem             
          that the properties of these oxides are inherent and that the               
          disclosure of, for example, a titanium oxide coating is                     
          sufficient to anticipate a titanium oxide coating that is a                 
          dielectric even if it is described as being electrically                    














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