Ex parte VARSHNEY et al. - Page 12




          Appeal No. 95-2138                                                           
          Application 07/852,078                                                       


          structure of ferroelectric thin film.  Appellants further teach              
          on pages 7 and 8 that modulated layers are alternating layers of             
          PZT and PT.  Furthermore, we note that Appellants= Figures 4 and             
          6 show alternating layers of PZT and PT. Thus, we find that the              
          Appellants= usage of modulated PZT and PT heterostructure                    
          ferroelectric thin film refers to the alternating layers of PZT              
          and PT illustrated in Figures 4 through 6 and as described on                
          pages 4 through 10 of the specification.                                     
               We fail to find any suggestion to modify Swartz to provide a            
          ferroelectric thin film structure comprising a substrate and                 
          alternating layers of PZT and PT heterostructure ferroelectric               
          thin film formed on the substrate.  Since there is no evidence in            
          the record that the prior art suggested the desirability of such             
          a modification, we will not sustain the Examiner=s rejection of              
          claims 1 through 3 and 10 through 15.                                        












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