Appeal No. 2000-0937
Application 08/959,620
operate as a storage device for a memory cell in combination with
the upper conductive layer. The capacitor of Sudo is clearly
capable of operating as a storage device for a memory cell.
Therefore, we find that the lower conductive layer is not
recessed more than slightly because the conductive layer is still
capable of operating as the storage device of a memory cell. In
other words, since appellant’s specification offers no guidance
as to what “recessed slightly” means, and since the structure of
Sudo performs in the manner of the claimed structure, we agree
with the examiner that the edges of polysilicon layer 108 are
recessed slightly below the upper surface of the substrate as
claimed.
With respect to claims 23-27 and claims 28-32, which
respectively stand or fall together as second and third groups,
appellant notes that these claims do not recite the feature of
the edges of the conductive material being slightly below the
upper surface of the substrate. Instead, claims 23-27 use the
transitional phrase “consisting of” and claims 28-32 use the
transitional phrase “consisting essentially of.” Appellant
argues that these claims distinguish over Sudo because the Sudo
capacitor must include a first and a second upper capacitor
electrode whereas claims 23-32 effectively exclude such an
-5-
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