Ex Parte Basceri et al - Page 6



          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                    
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