Appeal No. 2001-1384
Application No. 08/726,229
discloses formation of HSG particles on a mask layer and that
Watanabe discloses the formation of a capacitor on a
semiconductor substrate, including forming a lower electrode,
forming a layer of rough poly (HSG), and forming a capacitor
dielectric layer and top electrode.
While the examiner recognizes that neither Ahn nor Cathey
explicitly mentions “microemulsion for particle solution”
[answer-page 6]1, the examiner relies on Kavassalis for the
teaching of a colloidal particle solution being a microemulsion.
Accordingly, the examiner concludes, it would have been obvious
“to have recognized that colloidal solution is a microemulsion as
taught by Kavassalis et al., Admitted prior art because
microemulsion contains the colloidal particles in the solution
and forming particles layer as an etch mask to form micro-villus
pattern” [answer-page 6].
For their part, appellants do not contest the examiner’s
alleged teachings provided by the various references nor that a
case for obviousness, within the meaning of 35 U.S.C. 103, can be
made if the references were properly combinable. Rather,
appellants argue that Kavassalis is non-analogous art because
1At this point in the rejection, it is unclear what role the
examiner has for the Jun, Watanabe, Morimoto and APA references.
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