Appeal No. 2000-0721 Page 13
Reissue Application No. 08/628,287
the electrically conductive storage node, conductive material
60, located therein." (Reply Br. at 14.)
Claims 13-40, 53-60, 66, and 67 each specifies in
pertinent part the following limitations: "at least one
contact opening ...; an electrically conductive storage ...."
The examiner fails to show that the limitations are
indefinite. "Even if ... claims are .. broader than they
otherwise would be, breadth is not to be equated with
indefiniteness, as we have said many times." In re Miller,
441 F.2d 689, 693, 169 USPQ 597, 600 (CCPA 1971).
Here, although the relationship between the claimed
electrically conducting storage and the claims contact opening
may not be recited in claims 13-40, 53-60, 66, and 67, the
omission is a matter of breadth, not of indefiniteness. The
specification discloses that "[e]lectrically conductive
material 60 fills grooved striations 58 of capacitor contact
opening 54." Col. 4, ll. 56-57. When read in light of the
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