Appeal No. 1998-0129 Page 21
Application No. 08/438,062
Accordingly, we will affirm the rejection of claim 4 under 35
U.S.C. § 103 as unpatentable over Miller in view of McMillan.
Turning now to the rejection of claims 25-27, we note
that claim 25 recites that the capacitor exhibits an
essentially stable capacitance with no roll-off at frequencies
ranging from 0.1 GHz up to at least 0.2 GHz. Claim 26, which
depends from claim 25, recites that the stable capacitance
ranges from 0.1 GHz up to at least 1 GHz. Claim 27, which
depends from claim 25, recites that the stable capacitance
ranges from 0.1 GHz up to at least 10 GHz.
The examiner takes the position (answer, pages 10 and 11)
that “structures of prior art combination being the same as
those of the claimed invention, stable capacitance at the high
frequency ranges would inherently and expectedly result from
such structures.”
Appellants state (reply brief, page 3) that the examiner
(answer, page 6) has cited McMillan as teaching that the
dielectric constant of BST does not decrease at high
frequencies. Appellants contend (reply brief, page 3) that
McMillan teaches exactly the opposite. Appellants provide the
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