Ex Parte SUMMERFELT et al - Page 2



          Appeal No. 2000-0366                                                        
          Application No. 08/477,957                                                  

          not show that ordinary artisans consider doped silicon to be an             
          art-recognized equivalent to the claimed ‘conductive donor doped            
          perovskite layer’, obviousness has not been shown.”  Furthermore,           
          Appellants advocate (id.) along the same lines that                         
                    [a]s discussed above, Miyasaka ‘917's electrode                   
                    layer 22 is preferably formed from doped silicon.                 
                    McSweeney ‘295 teaches “[i]t is also known to modify              
                    strontium titanate used in making grain boundary                  
                    barrier layer capacitors by doping the ceramic                    
                    material with lanthanide series rare earths.  The                 
                    lanthanum acts as a donor dopant to render the                    
                    strontium titanate semiconductive.”  As the DECISION              
                    ON APPEAL does not show that ordinary artisans would              
                    understand that McSweeney ‘295's prior art method of              
                    doping strontium titanate would work with Miyasaka                
                    ‘917's silicon layer, obviousness has not been                    
                    shown.                                                            
               We disagree with Appellants’ position.  Appellants have given          
          a narrow construction to the Kaiser, Miyasaka and McSweeney                 
          references.  Specifically, as we pointed out in our decision (page          
          7), Miyasaka clearly teaches at column 3, lines 50-53 that “a               
          substrate doped with an impurity may be preferably employed [for            
          the first electrode (22)].”  Thus, the teaching of Miyasaka is              
          not restricted to just the doped silicon but is applicable to a             











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