Ex parte SHINOHARA - Page 7




          Appeal No. 1998-1097                                                        
          Application No. 08/557,484                                                  

          lines 16-20 of Appellant’s specification as parasitic junction              
          capacitances.  In view of the above, since all of the                       
          limitations of independent claim 1 are disclosed by Senuma,                 
          the Examiner’s                                                              
          35 U.S.C.  102(b) rejection of claim 1 is sustained.                       
               Turning to a consideration of the Examiner’s 35 U.S.C.                 
           102(b) rejection of independent claim 2 based on Senuma, we               
          note that, while we found Appellant’s arguments to be                       
          unpersuasive with respect to appealed claim 1, we reach the                 
          opposite conclusion with respect to claim 2.  Appellant’s                   
          argument (Brief, page 4), with which we agree, is that,                     
          contrary to the express claim language, Senuma’s bottom                     
          electrode, identified as element 34 by the Examiner, is not                 
          “formed over” Senuma’s second layer 35.  While we do not                    
          dispute the Examiner’s contention that the term “over” is                   
          subject to possible varying interpretations when considering                
          the structural orientation of an applied reference, we can                  
          conceive of no orientation of the disclosed structure of                    
          Senuma, and the Examiner has pointed to none, which would meet              
          all of the limitations of appealed claim 2.  Accordingly, we                
          do not sustain the Examiner’s 35 U.S.C.                                     

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