Ex parte SUMMERFELT - Page 3




          Appeal No. 96-0859                                                          
          Application No. 08/252,727                                                  


               1.   A structure in an integrated circuit, said structure              
          comprising                                                                  
               a substrate;                                                           
               a lower electrode comprised of electrically conductive                 
          oxygen source material on said substrate;                                   
               a layer of oxygen-containing dielectic material on said                
          lower electrode; and                                                        
               an upper electrode in contact with said layer.                         


               The examiner relies on the following references:                       
          Rodriguez et al. (Rodriguez)       3,274,468                Sep.            
          20, 1966                                                                    
          Short                         3,798,516                Mar. 19,             
          1974                                                                        


               Claims 1 through 14 stand rejected under 35 U.S.C. 103 as              
          unpatentable over Rodriguez and Short.                                      
               Reference is made to the briefs and answer for the                     
          respective positions of appellant and the examiner.                         


                                       OPINION                                        
               We reverse.                                                            
               At the outset, we note, in passing, that while we                      
          generally agree with appellant’s position, we find                          
                                          3                                           





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