Appeal No. 2001-0113
Application No. 08/604,751
of Juengling. See In re Malagari, 499 F.2d 1297, 1302, 182 USPQ
549, 553 (CCPA 1974).
We appreciate Appellants' arguments that the grammatical
structure of column 6, lines 64-67 may be interpreted to mean
that the cell capacitors, not the plugs, are 4,000 angstroms wide
and further that 4000 angstroms is not approximate to 3000
angstroms. However, the sentence referred to should be read in
the context of the entire document which includes column 6, lines
50-55, where Juengling teaches a range of thicknesses for plug 56
which includes the minimum photolithographic limit of 3000
angstroms and therefore renders obvious the claimed thickness.
We now proceed to address independent claim 13, which
recites "two first conductive plugs having a first type
conductivity distanced one from the other by a maximum distance
approximately equal to a minimum photolithographic limit." Thus,
claim 13 requires the formation of two plugs, both having the
same conductivity type, formed at a distance no greater than "F",
which is the minimum photolithographic limit. See Appellants'
specification, Fig. 14 and Fig. 11B, and also page 15, line 22
through page 16, line 7.
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