Appeal No. 97-3917
Application 08/467,650
"spaced out" from the second-layer electrode 33 by virtue of
being positioned in an abutting relationship as is seen in
Figure 1(f), we disagree.
In the context of the appellant’s claimed invention and
disclosure, "spaced out" from a side surface means separated
from and not contiguous with the side surface of the
electrode. Indeed, as is explained in the specification on
page 5, it is contact between the dielectric film and the side
surface of the lower layer electrode which causes a leakage
current problem.
It is unreasonable to regard Takahashi’s dielectric layer 38
as being "spaced out" from the lower or second-layer electrode
33.
Alternatively, the examiner’s answer sets forth another
view. On page 5 of the answer, it is stated "Takahashi’s
layer 38 provides the ‘spaced out’ function between electrode
37 and dielectric 39.’" However, the position is misplaced
and without merit. In Takahashi, layer 38 is itself the
dielectric layer, not a spacer. Also, as is correctly argued
by the appellant (Reply at 4) layer 39/39a is the other
electrode of the capacitor, not the dielectric film.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007