Appeal No. 97-3917
Application 08/467,650
electrode of the first capacitor electrode has a more inner
circumference than the first-layer electrode of the first
capacitor electrode and that the dielectric film is "spaced
out" from the side surface of the second-layer electrode. To
account for this distinction, the examiner relied on
Takahashi.
Takahashi does disclose a capacitor having a first
capacitor electrode including a first-layer electrode and a
second-layer electrode. Also, Takahashi’s second-layer
electrode does have a more inner circumferential side surface
than the side surface of the first-layer electrode. However,
with respect to the claim requirement that the dielectric film
is "spaced out" from the side surface of the second-layer
electrode, the examiner’s reliance on Takahashi is without
support and misplaced.
In the final Office action on page 4 (Paper No. 7), the
examiner states that in Takahashi the dielectric layer 38
"confronts upper side and lower surfaces of the electrode ‘by
being space out therefrom.’" It is unclear just what the
examiner is referring to by "the electrode." To the extent
the examiner is finding that the dielectric layer 38 is
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