Appeal No. 2005-2351 Application No. 09/904,112 a second tantalum oxide film by a CVD method; and (d) performing a second heat treatment on the second tantalum oxide film (col. 5, ll. 31-38). These heat treatments are carried out at a high temperature in an oxidation atmosphere (col. 5, ll. 58-59). The lower electrode 54 may be made from a ruthenium film (col. 18, ll. 22-24). This ruthenium film is oxidized during the heat treatment of the tantalum oxide insulating film to form ruthenium oxide (col. 20, l. 66-col. 21, l. 2). Therefore, contrary to appellants’ arguments, there is no need for “choosing” ruthenium as the electrode material since the use of a ruthenium film as the lower electrode 54 is clearly described by Kunitomo. Furthermore, as conceded by appellants (Brief, page 7; Answer, page 9), if ruthenium is used as the lower electrode, the lower electrode will be oxidized during the heat treatment of the tantalum oxide insulating film. We note that Kunitomo only teaches restricting further oxidation during crystallization of the tantalum oxide films when ruthenium oxide is formed as the lower electrode 54 since these lower electrodes have already been oxidized (col. 21, ll. 23-30). As correctly argued by appellants (Brief, page 7; Reply Brief, page 2), Kunitomo does not explicitly describe that the oxidation of the lower electrode and first layer of high 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007