Appeal No. 95-4929
Application 08/093,790
Upon our review of Takenaka 305, we fail to find that
Takenaka 305 teaches "an upper electrode having first and second
portions ... said second portion extending to and being in direct
contact with said source electrode" as recited in Appellants'
claim 4. Takenaka 305 teaches in column 1, lines 55-64, that the
dielectric 1108 is sandwiched between two electrodes 1107 and
1109 to create a ferroelectric capacitor. Takenaka 305 further
teaches in column 1, lines 55-64, that the source is shown as
element 1103. Figure 11 shows that the electrode 1109 is the top
electrode. Figure 11 further shows that this electrode is not in
direct contact with the source 1103. Takenaka 305 teaches in
column 1, lines 55-64, that the source is contact with an
aluminum connection electrode 1111 and the cell is completed by a
second inter-layer insulating film 1110 and this aluminum
connection electrode 1111.
Furthermore, we fail to find in reason to modify Takenaka
049 to obtain Appellant's invention. The Federal Circuit states
that "[t]he mere fact that the prior art may be modified in the
manner suggested by the Examiner does not make the modification
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