Appeal No. 1997-3915
Application No. 08/640,572
(Japanese Kokai patent publication)
Claim 1 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Shirasaki in view of Miller and Swartz.2
Reference is made to the Examiner's Answer (Paper No. 10,
mailed May 9, 1997) for the examiner's complete reasoning in
support of the rejection, and to appellants' Brief (Paper No. 9,
filed March 17, 1997) for appellants' arguments thereagainst.
OPINION
We have carefully considered the claims, the applied prior
art references, and the respective positions articulated by
appellants and the examiner. As a consequence of our review, we
will reverse the obviousness rejection of claim 1.
Shirasaki discloses (translation, page 6) a ferroelectric
FET memory element, with a ferroelectric layer of Ym O , E M O ,n 3 r n 3
H M O , T M O , YbM O , or L M O . Miller suggests thaton 3 m n 3 n 3 u n 3
ferroelectric thin films with a perovskite structure having a
chemical formula of ABO where B has an oxidation state of +5
3
We note that a rejection of claim 1 made in the Final Rejection (page2
2) under the judicially created doctrine of double patenting over claims 1
through 3 of U.S. Patent No. 5,578,846 was not repeated nor explicitly
withdrawn in the Examiner's Answer. We consider the rejection to have been
withdrawn without prejudice, presumably because of appellants' offer (Brief,
pages 4-5) to file a terminal disclaimer.
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