Ex parte AZUMA et al. - Page 2




                 Appeal No. 1998-0129                                                                                     Page 2                        
                 Application No. 08/438,062                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants’ invention relates to a thin film                                                                              
                 capacitor including a BST film as a dielectric, on a gallium                                                                           
                 arsenide substrate.  An understanding of the invention can be                                                                          
                 derived from a reading of exemplary claim 1, which is                                                                                  
                 reproduced as follows:                                                                                                                 
                          1.     A high capacitance thin film capacitor device                                                                          
                 comprising:                                                                                                                            
                          a gallium arsenide substrate;                                                                                                 
                          a barrier layer formed on said substrate;                                                                                     
                          a stress reduction layer on said barrier layer; and                                                                           
                          a capacitor on said stress reduction layer, said                                                                              
                 capacitor comprising a first electrode, a second electrode,                                                                            
                 and a barium strontium titanate dielectric material between                                                                            
                 said electrodes.                                                                                                                       

                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         


                          1(...continued)                                                                                                               
                 whether claim 3 is rejected on new grounds . . .”  In light of the examiner’s                                                          
                 withdrawal of the grounds of rejection of claim 3, there is no new ground of                                                           
                 rejection of claim 3, and claim 3 is no longer before us for decision on                                                               
                 appeal.  In addition, as brought to our attention by both the examiner                                                                 
                 (answer, page 2)and appellants (reply brief, pages 2 and 3), claim 4                                                                   
                 inadvertently depends from itself, instead of from claim 1. We consider this a                                                         
                 formality that can be addressed subsequent to this appeal.  For purposes of                                                            
                 this appeal, we shall consider claim 4 to depend from claim 1.                                                                         







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