Ex Parte WILK et al - Page 3



          Appeal No. 2004-0652                                                        
          Application No. 09/396,642                                                  

               forming a dielectric layer on said first electrically                  
          conductive electrode comprised of a first conductive material;              
               forming on said dielectric layer a second unoxidized                   
          electrically conductive electrode comprised of a second                     
          electrically conductive material which remains electrically                 
          conductive in the oxidized state; and                                       
               then oxidizing said second electrically conductive material            
          by subjecting said second electrically conductive material and              
          said dielectric layer to an ozone-containing atmosphere for a               
          period of time greater than 20 minutes but less than 70 minutes.            
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          rejections on appeal are:                                                   
          Wong                            5,423,944         Jun. 13, 1995             
          Nishioka et al. (Nishioka)      5,554,564         Sep. 10, 1996             
                                  THE REJECTIONS                                      
               Claims 1, 2, 4, 5 and 7 stand rejected under 35 U.S.C.                 
          § 102(b) as being anticipated by Nishioka.                                  
               Claims 3 and 6 through 12 stand rejected under 35 U.S.C.               
          § 103(a) as being unpatentable over Nishioka in view of Wong.               
               Attention is directed to the appellants’ briefs (Paper Nos.            
          9, 11, 13 and 15) and to the examiner’s answer (Paper No. 14) for           
          the respective positions of the appellants and the examiner                 
          regarding the merits of these rejections.                                   




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