Ex Parte Sandhu - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 18           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                              Ex parte GURTEJ S. SANDHU                               
                                                                                     
                                Appeal No. 2004-0016                                  
                             Application No. 09/496,081                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     

          Before KIMLIN, WARREN and OWENS, Administrative Patent Judges.              
          KIMLIN, Administrative Patent Judge.                                        



                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 32,               
          36-39 and 43-45.  The examiner has withdrawn the rejection of               
          claim 35 on appeal and objected to the claim as being dependent             
          upon a rejected base claim (see page 2 of Answer, last                      
          paragraph).  Claim 32 is illustrative:                                      
          32. A capacitor in a semiconductor device, said capacitor                   
          comprising:                                                                 

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