Appeal No. 2002-2072
Application No. 09/332,360
electrodes (polysilicon layers 13 of bottom electrodes) of array
capacitors.” While it may, initially, seem awkward to say that
an element which forms the bottom electrode may overlie the
capacitor array, when we review the instant disclosure, it
appears that this is just what appellants disclose. For example,
in Figure 8 of the instant application, it appears that
conductive plate layer 120, which forms part of the capacitors
130, also serves to overlie the capacitors. It appears to us
that appellants would be hard pressed to argue that it is
impossible for a conductive layer to form part of an electrode of
a capacitor and overlie that capacitor at the same time when it
appears that this is the way appellants’ own conductive layer is
formed.
We will sustain the rejection of claim 1 under 35 U.S.C.
102(e).
With regard to claim 3, the examiner contends that it “is
known in the art that the upper plates of the capacitors in DRAM
are commonly used to connect together as a common plate in order
to provide the same applied voltage to the memory cells in the
array” (answer-page 4).
Appellants only response is to deny the examiner’s
allegation and to challenge the examiner to provide relevant art
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