Ex parte AZUMA et al. - Page 8




          Appeal No. 1998-2309                                       Page 8           
          Application No. 08/277,035                                                  


               Swartz et al contradicts the hindsight theories and                    
               speculations of the Examiner who has modified Swartz                   
               et al. to produce perovskite BST by depositing a                       
               liquid BST precursor directly on a metal electrode.                    
               This contradiction exists because the passages in                      
               the whole Swartz et al. reference, as shown in the                     
               Appeal Brief, collectively suggest to those skilled                    
               in the art that a seed layer is required to produce                    
               perovskite structure in BST.                                           
               We find that Swartz is directed (col. 1, lines 11-15) "to              
          a  sol-gel method for producing crystalline thin films of                   
          perovskite compounds with better crystallinity and on a wider               
          variety of substrates by deposition of an intermediate                      
          perovskite film (interlayer)."  Utility is disclosed (col. 1,               
          lines 15-18) to include dielectric material and thin-film                   
          capacitors.  Swartz further discloses (col. 7, line 58 through              
          col. 8, line 4) that  the invention is applicable to a "wider               
          variety of substrates" including substrates that are coated                 
          with electrode materials, and a "wider variety of                           
          ferroelectric thin-film materials" including (Ba,SR)TiO .  The              
                                                                 3                    
          process disclosed by Swartz (col. 3, lines 44-52) includes:                 
               Providing a substrate; depositing a first layer of a                   
               sol-gel perovskite precursor material wherein the                      
               crystallization of this precursor material to the                      
               perovskite phase is substantially insensitive to the                   
               substrate; heat treatment of this first layer to                       
               crystallize it into the perovskite structure:                          
               depositing a second layer of a sol-gel perovskite                      







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