Appeal No. 1998-0129 Page 26
Application No. 08/438,062
Turning to the McMillan Declaration, appellants assert
(brief, page 11) that the McMillan Declaration (page 3,
paragraph 7) discusses a 1996 ISIF article showing that
researchers in 1996 determined that BST on silicon substrate
devices exhibited rolloff at frequencies of about 0.5-0.7 GHz,
and that in contrast, appellants have disclosed and claimed a
BST on gallium arsenide device. Appellants further assert
(brief, page 11) that the claimed BST on a gallium arsenide
device is specially annealed to make it capable of providing a
stable capacitance that is an order of magnitude better than
that reported by the ISIF researchers in 1996. The examiner
states (answer, page 10) that “there is [sic] no unexpected
results with respect to the claimed invention. Prior art
references teach the expected result of using BST to replace
PZT in capacitors to provide the capacitor devices with stable
capacitance and electrical characteristics, and with high
dielectric constants; and to prevent the capacitor devices
from being fatigue [sic].” We note that the McMillan
Declaration (page 2, paragraph 4), states that “Exhibit A
provides a comparison between theoretical and experimental
capacitances at high frequencies for PZT materials” and that
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