Appeal No. 1998-2309 Page 7
Application No. 08/277,035
The method of Swartz et al may be used to produce
capacitors (col. 1, line 18). Thus, the claims are
considered to be anticipated by or obvious over
Swartz. The second layer may be strontium barium
titanate. The precursor layer is heated to 300 and"
600 C (to pyrolyze the organic species) and annealed"
" "
at temperatures of 500 and 800 C (col. 6, line 39).
In addition, the examiner recognizes (answer, page 5) that
"Swartz does recite the [sic] all precursors will not
crystallize on all substrates and the intermediate layers
make[s] preparing the crystallized layer possible on a wider
variety of substrates (col. 7, line 42)," but maintains that:
However, this is not seen to teach the crystallized
layer will not form on substrates without the first
layer. Swartz does recite the crystallized layer does
form on some substrates without the intermediate layer.
The recitation at col. 4, lines 2-6 is considered to
show that Swartz et al did form the crystallized layer
on a subtract [sic] without the intermediate layer or
these observations could not have been made.
Appellants assert (brief, page 8) that the passage of column 4
referred to by the examiner is ambiguous and has been taken
out of context. Appellants maintain (brief, page 9) that the
examiner's interpretation of the passage of column 4
"conflicts with the entire theory, purpose and specifically
reported experimental results within Swartz et al."
Appellants conclude (reply brief, page 4) that:
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