Appeal No. 1998-0129 Page 18 Application No. 08/438,062 statement that Ba Sr TiO is non-ferromagnetic at normal 0.7 0.3 3 integrated circuit operating temperatures, we conclude that although the formulation of BST is a result effective variable, and the prior art suggests a capacitor having a BST layer on a gallium arsenide substrate and a barrier diffusion layer, that one of ordinary skill in the art with the disclosures of Miller and Koyama before him/her would not have been taught to have provided non-ferromagnetic formulation Ba Sr TiO . In considering what the teachings of the prior 0.70.3 3 art references as a whole would have suggested to one of ordinary skill in the art, we find no suggestion that one of ordinary skill in the art would have been motivated to have looked to a different formulation of BST than the formulation disclosed by Koyama. Accordingly, we find that the examiner has failed to establish a prima facie case of obviousness of claim 4 under 35 U.S.C. § 103 as unpatentable over Miller in view of Koyama. Accordingly, the rejection of claim 4 under 35 U.S.C. § 103 as unpatentable over Miller in view of Koyama is reversed. We reach a different conclusion, however, as to what the teachings of Miller and McMillan, considered as a whole, wouldPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 3, 2007