Appeal No. 1998-0129 Page 25
Application No. 08/438,062
of each of Koyama and McMillan. See In re Ludtke, 441 F.2d
660, 664, 169 USPQ 563, 566 (CCPA 1971).
We, therefore, conclude that the examiner has established
a prima facie case of obviousness of the invention. As the
examiner has met the burden of establishing a prima facie
case, the burden now shifts to the appellants to overcome the
prima facie case with argument and/or evidence. Obviousness
will then be determined on the basis of the evidence as a
whole.
We make reference to our earlier findings with regard to
the Araujo Declaration. Additionally, as stated in the Araujo
Declaration (page 3, paragraph 8), “Item 2 on page 1 of
Exhibit B shows a direct comparison of laboratory results
indicating that the dielectric constant (and corresponding
capacitance) of PZT thin films falls off below 100 MHZ, but
that the capacitance of BST thin films can be stabilized out
to about 10 GHZ.” We are cognizant of the stable capacitance
achieved by utilization of BST, and we find that the teachings
of Miller considered with each of both Koyama or McMillan
would have suggested the use of BST as a high dielectric
material as advanced by the examiner.
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