Ex parte NASBY - Page 11




          Appeal No. 1996-3444                                                        
          Application No. 08/245,785                                                  


          the property of non-volatility associated with a ferroelectric              
          dielectric layer for a capacitor.  Young, however, does not                 
          overcome the innate deficiencies of Chang, Takeshita, and                   
          Waters as discussed above with regard to independent claim 1,               
          and, therefore, we do not sustain the obviousness rejection of              
          claim 2.                                                                    

                    The rejection of claims 3-21 as unpatentable                      
                    over Chang in view of Takeshita, Waters, and Brown.               
               At the outset, we note that this grouping of claims                    
          includes independent claims 8 and 16 which have electrode                   
          configuration recitations similar to those of previously                    
          discussed independent claim 1.  As with the Young reference                 
          discussed above in relation to the rejection of claim 2, Brown              
          was applied by the Examiner for the limited purpose of                      
          supplying a teaching of utilizing a ferroelectric layer to                  
          generate a rectifying junction penetrating electric field.                  
          Since it is our view that the Examiner has not established a                
          prima facie case of obviousness with respect to the proposed                
          combination of Chang, Takeshita, and Waters, the addition of a              
          ferroelectric material layer taught by Brown does not overcome              
          the deficiencies of the applied prior art. Accordingly, we                  
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