Ex Parte VISOKAY et al - Page 8



          Appeal No. 2001-1550                                                        
          Application 09/105,830                                                      

               Meikle teaches a barrier material for use in preventing                
          interdiffusion of silicon and aluminum at the silicon/aluminum              
          interfaces.  See Meikle’s abstract as well as column 2, lines 58            
          through 61.  Summerfelt teaches an adhesion layer 26 in order to            
          create an in situ dielectric layer on which the inner electrode             
          may adhere.  See column 4, lines 19 through 44.  Similarly                  
          Kashihara teaches an adhesion layer 353 to provide adhesion as              
          well as to provide a barrier to prevent a silicification                    
          reaction.  See column 9, lines 53 through 65, and column 15,                
          lines 22 through 54.                                                        
               We fail to find though that Summerfelt or Kashihara is                 
          concerned with the same problem of Meikle which is to provide a             
          barrier material for use in preventing interdiffusion of                    
          silicon/aluminum at the silicon/alumininum interfaces.                      
          Therefore, we fail to find that one of ordinary skill in the art            
          would look to Meikle to substitute the materials used in Meikle             
          for the materials used in Summerfelt or Kashihara for the                   
          adhesion layers.  Therefore, we fail to find that the Examiner              
          has provided any evidence as to reasons why one of ordinary skill           
          in the art would make the modification as proposed.  Therefore,             
          we will not sustain the Examiner’s rejection under 35 U.S.C.                
          § 103.                                                                      
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