Appeal No. 1997-4035
Application No. 08/274,475
The examiner asserts (Answer, page 4) that elements 20
and 30 of Konishi "meet the claim limitation of being on the
insulating film and they also do not allow hydrogen
diffusion." Konishi's electrodes 20 and 30 are formed of an
aluminum film that is 6000 to 8000 D in thickness. Appellants
disclose (specification, page 13) that the capping layer in
the first embodiment is an aluminum film deposited to "a
thickness of 300nm [or 3000 D] or more to impart a
sufficiently high preventive
function against the diffusion of hydrogen." Since Konishi's
electrodes are aluminum with more than the disclosed
thickness, we agree that they must block hydrogen diffusion
and be impermeable to hydrogen.
However, we cannot agree that elements 20 and 30 are a
"cap layer ... formed on the interlayer insulating layer."
Neither of electrodes 20 and 30 is really a layer, nor is
either formed on the interlayer insulating layer
(phosphosilicate glass layer 7). The source and drain
electrodes do overlap layer 7 at their edges, but a slight
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