Appeal No. 1998-1077 Page 3
Application No. 08/458,999
13. A method of forming a dielectric thin film on a
substrate, said method comprising:
combining lead and the constituents of barium and/or
strontium titanate in a common solution;
calcining said common solution to form the constituents
of barium and/or strontium lead titanate;
depositing said constituents of barium and/or strontium
lead titanate on said substrate, thereby forming said thin
film having an average grain size between 0.02 and 0.2 Fm.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Furukawa et al. (Furukawa) 0 257 653 Mar. 02,
1988
(Published European Patent Application)
Claims 13 and 15-17 stand rejected under 35 U.S.C. § 112,
first paragraph as lacking support in the original
specification. Claims 13 and 15-17 stand rejected under 35
U.S.C. § 103 as being unpatentable over Furukawa. Claims 13 1
and 15-17 stand provisionally rejected under the judicially
1The examiner refers to a published paper of Yamajai et
al. and a published paper of Kinoshita et al. (paragraph
bridging pages 6 and 7 of the answer). Those references are
not included in the statement of the § 103 rejection and,
therefore, are not properly before us. See In re Hoch, 428
F.2d 1341, 1342 n.3, 166 USPQ 406, 407 n.3 (CCPA 1970).
Consequently, those references have not been considered in
reaching our decision.
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