Ex parte AZUMA et al. - Page 18




          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, would              







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