Appeal No. 1997-2026
Application 08/317,108
claims are not argued separately, either by Appellants or the
Examiner, the rejection of claims 2 to 4, 10 to 15, and 28 to
33 under the same grounds is also not sustained.
Rejection under 35 U.S.C. § 103
Claim 24 is rejected as being obvious over Uchino and
Miyasaka under 35 U.S.C. § 103. The Examiner’s position is
that Uchino shows BaTi0 which has a high dielectric constant
3
and also shows BaTi0 doped with 0.15 atom% of La which has a
3
low resistance. The Examiner further asserts that this BaTi03
and the doped BaTi0 of Uchino can be obviously used in the
3
capacitor forming process of Miyasaka [answer, pages 3 to 5].
Appellants argue [brief, pages 5 to 7] that Uchino and
Miyasaka are not properly combinable because there is no
motivation to combine. Appellants argue [id. 6 and 7] that
“[t]he electrode structure in Uchino’s patent (sic,
publication) is a stacked structure of interleaved electrodes
and dielectrics laminated together [and] ... laminate
structures ... use a completely different manufacturing
technology.”
-8-
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