Appeal No. 1998-1578
Application No. 08/543,827
performance in dielectric capacitor devices. (Appeal brief,
page 4.)
As evidence of unpatentability, the examiner relies upon
the following prior art references:
Larson 5,005,102 Apr. 2,
1991
Ho et al. (Ho) 5,175,126 Dec.
29, 1992
Also, we cite the following new prior art reference in a
new ground of rejection:
Scott et al. (Scott) 5,514,822 May 7,
1996
(filed Oct. 6, 1993)
Appealed claims 1 through 18 and 28 stand rejected under
35 U.S.C. § 103 as unpatentable over Larson in view of Ho.
Upon consideration of the entire record, we agree with
the appellants that the aforementioned rejection is not well
founded. Accordingly, we reverse the examiner’s rejection.
However, pursuant to 37 CFR § 1.196(b) (1997), we enter two
new grounds of rejection.
In considering the examiner’s rejection, we need to
address only claims 1 and 14, the independent claims. In re
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