Appeal No. 1998-0129 Page 6
Application No. 08/438,062
In re Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed.
Cir. 1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785,
788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052,
189 USPQ 143, 147 (CCPA 1976).
We consider first the rejection of claim 1 based on the
teachings of Miller in view of each of McMillan or Koyama.
The examiner’s position (answer, pages 5 and 6) is that Miller
discloses the invention substantially as claimed, including a
high dielectric constant PZT material 30; but does not
disclose the high dielectric constant material 30 of the
capacitor being BST. To overcome this deficiency in Miller,
the examiner turns to each of McMillan or Koyama. The
examiner asserts (answer, page 6) that McMillan discloses
replacing PZT layers in capacitors with BST to take advantage
of the high dielectric constant of BST, as well as to prevent
significant decrease of the dielectric constant at high
frequencies. In addition, the examiner asserts (answer, page
7) that Koyama teaches the use of both PZT and BST in
capacitors, for their high dielectric constants. The examiner
further notes that Koyama teaches (id.), that BST is preferred
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