Ex Parte Akram - Page 8



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

            an electrode and a barrier layer, and reduced degradation of the                           
            barrier layer compared to the prior art device (col. 2, lines 33-                          
            38), but he does not disclose that the prior art device is not                             
            functional.  Hence, Sandhu and Hosaka would have fairly                                    
            suggested, to one of ordinary skill in the art, the use of                                 
            Hosaka’s method when making the prior art device disclosed by                              
            Sandhu to improve the prior art device in the manner taught by                             
            Hosaka, i.e., to remove surface roughness and distortions in the                           
            lower electrode (1) and round the corner portions of the lower                             
            electrode’s side surface to prevent degradation of the quality of                          
            the thin insulating film formed on the lower electrode and to                              
            obtain good electrical characteristics (page 3).                                           
                  We therefore affirm the rejection of claim 8 and claim 11                            
            that stands or falls therewith.                                                            







                                              DECISION                                                 

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