Appeal No. 2004-1777
Application No. 09/685,362
a second metal layer produced separately from
said first metal layer and forming a third metal area
insulated from said first metal layer by an
interposition of said dielectric layer, and said third
metal area together with said dielectric layer and
said first metal area forms a memory element, said
second metal layer further forming a fourth metal area
which together with said second metal area forms a
contact area used to make contact with said second
metal layer and said second metal layer having an
electrically conductive connection between said third
metal area and said fourth metal area;
an insulation layer covering said contact area
and said memory element and having at least one
opening formed therein and leading to said contact
area; and
an electrically conductive material filling said
opening for making contact with said second metal
layer.
Claims 1-4 and 6-9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Ryan in view of Leung.
The examiner relies upon the following references as
evidence of unpatentability:
Leung et al. (Leung) 5,563,762 October 8, 1996
Ryan et al. (Ryan) 5,972,788 October 26, 1999
We have carefully reviewed appellants’ brief and reply
brief, and the examiner’s answer. This review has led us to
conclude that the examiner’s rejection is not well founded.
Accordingly, we reverse the rejection.
OPINION
We determine that the examiner’s rejection, as set forth on
pages 3-6 of the answer, does not set forth a prima facie case
of obviousness for the following reasons.
As pointed out by appellants, Ryan discloses a capacitor
that is contacted from above, whereas Leung discloses a
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