Ex parte DOYLE et al. - Page 6




              Appeal No. 1999-0886                                                                                       
              Application No. 08/722,738                                                                                 


              it would have been obvious to adapt the gate-coupled capacitor of Nakamura “to store                       
              charge because of the superior charge storing properties of ferroelectric material”                        
              [answer-page 4].  However, the examiner has provided no suggestion, other than                             
              appellants’ own disclosure, for adapting Nakamura’s gate-coupled capacitor to store                        

              charge in the manner claimed.  Merely because the capacitor of Nakamura can be so                          

              adapted is not a reason, within the meaning of 35 U.S.C. § 103, for doing so.  There must                  
              be some reason, suggested by the prior art or by the knowledge of artisans, for adapting                   
              the capacitor of Nakamura to store charge produced in the channel region in response to a                  
              logic state programming voltage applied between one of the source and drain regions and                    
              the gate electrode.  The examiner has not convinced us of such a reason.                                   
                     Additionally, the examiner answers appellants’ comments regarding the “teaching                     
              away” aspects of Momi by merely stating that it would have been obvious to “incorporate                    
              the LDD structure as taught by Momi into the device of Nakamura...to stop soft leak”                       
              [answer-page 5].  This is an insufficient response to appellants’ reasonable argument that                 

              Momi’s soft leak stoppage suppresses the generation of carriers in the channel region and                  

              that the skilled artisan would not use a carrier suppression                                               








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