Ex Parte Ishimura et al - Page 10



          Appeal No. 2005-0285                                            10          
          Application No. 09/881,675                                                  

               The examiner then concludes that it would have been obvious            
          to select any of the materials disclosed by Kim as a suitable               
          dielectric material for the interlayer insulating film 14 of the            
          modified Sakurai device.  The examiner also concludes that since            
          “layer 14 is undoped silicon oxide, the impurity density of the             
          interlayer insulatiing film 14 is inherently less than 5 mol %”             
          (answer-page 6).                                                            
               For their part, appellants merely argue that Kim does not              
          provide for the deficiencies of the combination of Sakurai, the             
          Japanese document, and Okamoto.  Appellants do not address the              
          specific limitation of claim 4, wherein the impurity density of             
          the interlayer insulating film is less than 5 mol %.  Since we              
          find, for the reasons supra, that there is no deficiency in the             
          combination of Sakurai, the Japanese document, and Okamoto, and             
          appellants have not convinced us of any error in the examiner’s             
          rationale, we will sustain the rejection of claim 4 under 35                
          U.S.C. §103.                                                                
               Similarly, with respect to claims 6-8, and 10, appellants              
          merely repeat the argument that the combination of references               
          (this time, appellants’ Figure 6 (APA),  the Japanese document,             
          and Okamoto) is improper for a lack of motivation to provide a              






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