Appeal No. 97-3917
Application 08/467,650
Further on page 5 of the answer, the examiner indicates
that the rejection is not based solely on Takahashi to meet
the "spaced out" claim requirement. The examiner states
"multiple layer dielectrics are well-known in the
semiconductor industry," citing Torii. More specifically, in
the answer on page 4, the examiner relied on Torii and Koyama
as teaching "the use of multiple insulators." The same
statement was made in the final Office action (Paper No. 7) on
page 3. However, we do not read Torii and Koyama as
containing disclosure which can make up for the deficiencies
of Takahashi as already discussed above.
That it was generally known that a single insulator layer
may be replaced by multiple segments of plural insulators does
not provide reasonable motivation for one with ordinary skill
in the art to "space out" a capacitor’s dielectric film from
the lower or second-layer electrode of a first capacitor
electrode. In Torii, the examiner relied (answer at 5) on
multiple insulator segments around the bit line 8 as teaching
the use of multiple insulators where one insulator layer would
be enough. The appellant correctly pointed out that this
feature regarding the isolation of a bit line would not have
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