Ex Parte Gabriel Celii et al - Page 6



          Appeal No. 2006-2209                                                        
          Application No. 10/270,913                                                  

               Claims 1 to 5, 7 to 9, 11 to 14, 17 to 22, and 24-25 stand             
          rejected under 35 U.S.C. § 103(a) as being obvious over the                 
          combined teachings of Ying ‘494 and Ying ‘073.  We affirm.                  
               Appellants argue that the cited prior art does not teach               
          the claimed bias range and does not provide motivation to                   
          modify the teachings of the references to meet the present                  
          invention.                                                                  
               Appellants’ arguments are not persuasive.  Appellants do               
          not dispute the Examiner’s reliance on the Ying ‘073 reference              
          for teaching a method of forming a ferroelectric capacitor that             
          differs from the claimed invention in the etching of the bottom             
          layer.  As in the above discussed rejection, the Examiner                   
          relies on Ying ‘494 for describing plasma etching using a low               
          bias.  Appellants rely on the arguments discussed above                     
          regarding the claimed bias of less than 150 watts.  (Brief,                 
          page 8).  As such, Appellants’ arguments have been addressed                
          above and in the Answer.                                                    
               Thus, for the reasons set forth above and in the Answer we             
          affirm the Examiner’s rejection.                                            
               Claims 3 and 25 stand rejected under 35 U.S.C. § 103(a) as             
          obvious over Ko, Ying ‘494 and Ying ‘073.  We affirm.                       

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