Appeal No. 2004-0652 Application No. 09/396,642 forming a dielectric layer on said first electrically conductive electrode comprised of a first conductive material; forming on said dielectric layer a second unoxidized electrically conductive electrode comprised of a second electrically conductive material which remains electrically conductive in the oxidized state; and then oxidizing said second electrically conductive material by subjecting said second electrically conductive material and said dielectric layer to an ozone-containing atmosphere for a period of time greater than 20 minutes but less than 70 minutes. THE PRIOR ART The references relied on by the examiner to support the rejections on appeal are: Wong 5,423,944 Jun. 13, 1995 Nishioka et al. (Nishioka) 5,554,564 Sep. 10, 1996 THE REJECTIONS Claims 1, 2, 4, 5 and 7 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Nishioka. Claims 3 and 6 through 12 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Nishioka in view of Wong. Attention is directed to the appellants’ briefs (Paper Nos. 9, 11, 13 and 15) and to the examiner’s answer (Paper No. 14) for the respective positions of the appellants and the examiner regarding the merits of these rejections. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007