Appeal No. 2002-0514
Application No. 08/886,388 Page 5
claimed subject matter. As correctly determined by the examiner,
claim 44 describes the recited product stacked capacitors, at
least in part, by the process by which they are made. In so
doing, claim 44 provides that the stacked capacitors are
“fabricated using a photolithographic process having a
characteristic minimum photographic feature dimension.” No
numeric value(s) or other clear definition for determining that
“characteristic minimum photographic feature dimension” is
furnished in appellants’ specification.
This is significant because the allegedly patentable and
distinguishing features of representative claim 44 include a
polysilicon plug diameter and a minimum lateral spacing of lower
plates of the stacked capacitors, each of which are measured as
being less than “the minimum photolithographic feature
dimension.” In other words, the recited plate spacing and plug
diameter are specified in terms of a minimum photolithographic
feature dimension that is described as being characteristic of a
photolithographic process by which the claimed product can be
made. Yet, appellants’ specification furnishes little guidance
for determining the limits, particularly the upper limit, for
that characteristic minimum dimension by which the plate spacing
and plug diameter are measured.
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Last modified: November 3, 2007