Appeal No. 97-3917
Application 08/467,650
reasonably suggested the claimed relationship between a
capacitor’s dielectric film and the first-layer and second-
layer electrodes of a capacitor electrode. The claimed
invention is more than using multiple insulator layers in
place of a single insulator layer as an insulator. Torii’s
capacitor, i.e., elements 13-15, do not reflect the claimed
features concerning the dielectric film. As for Koyama, the
examiner states nothing more than that it is relied on to show
the use of multiple insulators. That, of course, is not
sufficient to meet the claim.
As is the case with Torii, Koyama discloses and
reasonably suggests no dielectric layer contacting the upper
and side surfaces of the first-layer electrode 9, which is
also "spaced out" from the side surface of the second-layer
electrode 8. Note also that in Koyama, the second-layer
electrode has a circumferential side surface located outer
than the side surface of the first-layer electrode, not inner
as the appellant claims.
The examiner has, however, taken one position which is
proper and sufficient to support the rejection of claim 1. On
page 5 of the answer in lines 21-24, the examiner stated:
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