Ex Parte Akram - Page 6



            Appeal No. 2005-1894                                                                       
            Application No. 10/209,004                                                                 

                  The appellants argue that “there is no teaching or                                   
            suggestion in Hosaka as to how such metal electrode materials                              
            should be etched if they are to be used in place of the                                    
            polysilicon film” (brief, page 8).  Hosaka’s disclosure that the                           
            electrode material can be platinum (page 5) indicates that one of                          
            ordinary skill in the art would have been capable of forming an                            
            electrode made of that metal.  The appellant has provided no                               
            evidence or technical reasoning to the contrary.                                           
                  We therefore conclude that the method claimed in the                                 
            appellant’s claim 1 would have been obvious to one of ordinary                             
            skill in the art over the applied prior art.  Accordingly, we                              
            affirm the rejection of that claim and claims 4-6 and 10 that                              
            stand or fall therewith.                                                                   
                                               Claim 7                                                 
                  Claim 7 requires forming a layer of a barrier material in a                          
            barrier hole such that the layer of barrier material contacts a                            
            contact and is substantially coplanar with the surface of an                               
            insulating layer.  Such a structure is disclosed by Sandhu                                 
            (figure 10A, barrier hole containing barrier layer 75 (col. 5,                             
            lines 64-65) substantially coplanar with insulating layer 40).                             
                  The appellant argues that Sandhu does not disclose forming                           
            an electrode having a nodular shape (brief, page 9).  This                                 
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