Ex parte ROBINSON - Page 7




          Appeal No. 2000-0770                                                        
          Application No. 08/631,638                                                  


          review of the applied prior art in light of the arguments of                
          record, we are in agreement with Appellant’s position as stated             
          in the Briefs.                                                              
               It is our view that, while a showing of proper motivation              
          does not require that a combination of prior art teachings be               
          made for the same reason as Appellant to achieve the claimed                
          invention, we can find no motivation for the skilled artisan to             
          add Rostoker’s isolating layer to the capacitor structure of                
          Robbins.  According to the disclosure of Rostoker, the removal              
          of the fullerene component from the low dielectric constant                 
          insulating layer causes a porous structure to result.  The                  
          isolating or encapsulating layers are needed to protect against             
          the migration of impurities or dopants through the resulting                
          porous insulating layer to the surface of the dielectric and                
          causing an undesirable interaction with the conductive layers.              
          (Rostoker, column 6, lines 10-40).  There is nothing in the                 
          disclosure of Robbins to indicate that impurity or dopant                   
          migration and the interaction of dielectric and electrode                   
          materials, the problems addressed by Rostoker, were ever a                  
          concern.  It is our opinion that the only basis for applying the            
          teachings of Rostoker to the capacitor structure of Robbins                 
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