Appeal No. 2005-2351
Application No. 09/904,112
examiner to reject the claims on appeal is affirmed-in-part.
A. The Rejection under § 102(e)
The examiner finds that Kunitomo discloses a method of
forming a capacitor comprising providing a conductive oxide
electrode, depositing a first layer of a high dielectric constant
oxide dielectric material on this electrode, oxidizing the
conductive oxide electrode and the first layer under oxidizing
conditions, depositing a second layer of the high dielectric
constant oxide dielectric material on the first layer, oxidizing
the second layer, and then depositing an upper layer electrode on
the second layer (Answer, page 4). Accordingly, the examiner
concludes that every limitation of the claims has been described
by Kunitomo (id.; see page 5 of the Answer regarding the
limitations of various dependent claims).
Appellants argue that Kunitomo does not teach or suggest a
method that includes oxidizing a conductive oxide electrode and
the first layer of the high dielectric constant oxide material
such that the surface of the oxide is provided with “enough
oxygen to provide stability” (Brief, pages 5-6; see claim 1 on
appeal). Appellants further argue that Kunitomo does not teach a
method in which the lower electrodes 54 and the tantalum oxide
layer 56 are oxidized as claimed, and there is no explicit
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