Ex Parte Aggarwal et al - Page 10

                Appeal 2006-2133                                                                                 
                Application 10/679,144                                                                           
                film deposition, with Isobe relied upon only for a teaching of the formation                     
                of a bottom electrode over a front-end structure.                                                
                       With respect to dependent claims 95-97, we find no error in the                           
                Examiner’s finding (Answer 22-23) that Sakurai has a disclosure which                            
                corresponds to the claimed “solid solution,” “5% doping,” and PbZrO3                             
                features of these claims.                                                                        
                       Lastly, we also sustain the Examiner’s 35 U.S.C. § 103(a) rejection of                    
                dependent claim 94 in which Gilbert is added to the combination of Sakurai                       
                and Isobe to address the “at least 2% excess Pb” feature of this claim.  We                      
                disagree, for all of the reasons stated above, with Appellants’ arguments that                   
                Sakurai has no preheating step since we find no error in the Examiner’s                          
                assertion that Sakurai’s disclosed heating of the wafer during the formation                     
                of the bottom electrode is a preheating step performed before the deposition                     
                of the PZT film.  As to Appellants’ attack (Br. 21) on the Examiner’s                            
                proposed combination, we would point out, as did the Examiner (Answer                            
                21), that Sakurai, not Isobe, was not relied upon to provide a teaching of the                   
                formation of a PZT film.  The Isobe reference, on the other hand, was relied                     
                upon to provide a teaching of the formation of a front-end structure.                            
                                                                                                                











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