Appeal No. 2002-2072
Application No. 09/332,360
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Assoc., Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303,
313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
In the instant case, with regard to claim 1, the examiner
contends that Chang discloses the claimed subject matter because
core 14 of Chang is a conductive plate (column 3, lines 4-5: the
core can form “a part of the upper electrode”) overlying an array
of capacitors, and, as shown in Chang’s Figure 3, the pattern of
conductive plates 14 is continuous in at most one directed but
not in two dimensions and these plates are strips which are
diagonal to the gate structures.
Appellants disagree with the examiner’s analysis only in the
allegation that core 14 of Chang overlies an array of capacitors.
It is appellants’ position that since core 14 comprises part of
the bottom electrode of the capacitor structure in Chang, “it is
physically impossible for the core (14) to both form the bottom
electrode of the capacitor and overlie the capacitor as required
by claim 1...” (Brief-page 3).
We disagree. As explained by the examiner, at pages 6-7 of
the answer, Chang’s core 14 not only comprises part of the bottom
electrode, but is also “a part of [the] top electrode of [the]
capacitor structure. The core (14) overlies the bottom
-3–
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