Appeal No. 2003-1300
Application No. 09/643,372
a top surface of the neck portion smaller than a
diameter of said body portion, and
depositing and forming a stacked capacitor
electrode on top of and in electrical communication
with said neck portion of said electrical conductor.
The examiner relies on the following prior art references
as evidence of unpatentability:
Blalock et al. 5,252,517 Oct. 12, 1993
(Blalock)
Liou et al. 5,847,460 Dec. 08, 1998
(Liou) (filed Dec. 19, 1995)
Tseng 5,899,716 May 04, 1999
(filed May 19, 1997)
Claims 37 and 39 through 49 on appeal stand rejected under
35 U.S.C. § 103(a) as unpatentable over Blalock in view of Tseng
and Liou. (Examiner’s answer mailed Dec. 19, 2002, paper 13,
pages 3-7.)
We reverse.
The examiner states that Blalock “show[s] most aspects of
the instant invention” but admits, inter alia, that the
reference does not “explicitly” describe a method in which the
neck portion of the conductor has a smaller diameter at a top
surface than a diameter of the body portion. (Answer, pages 3-
4.) In an effort to account for this difference, the examiner
relies on the teachings of Liou. Specifically, the examiner
held (id. at page 5):
4
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