Appeal No. 2004-0652
Application No. 09/396,642
adhesion layer 36, Nishioka teaches that “[t]he structure is then
annealed in a diluted oxygen (5%O2 in N2) gas at 650°C. to form
TiO2 sidewall 40 as shown in FIG. 2 . . . [or] [a]lternatively,
ozone could be used for annealing . . . [or] [a]lternatively, the
structure could be annealed at a lower temperature (e.g. 600°C.)”
(column 5, lines 56 through 62). As for the pre-oxidation of the
Ru adhesion layer 46, Nishioka teaches that “[t]he structure is
then annealed in an oxygen containing atmosphere to form RuO2
sidewall 50 as shown in FIG. 6” (column 6, lines 26 and 27).
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984). In other words, there must be no
difference between the claimed invention and the reference
disclosure, as viewed by a person of ordinary skill in the field
of the invention. Scripps Clinic & Research Found. v. Genentech
Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
It is not necessary that the reference teach what the subject
application teaches, but only that the claim read on something
disclosed in the reference, i.e., that all of the limitations in
the claim be found in or fully met by the reference. Kalman v.
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