Ex Parte Gilbert et al - Page 5

                 Appeal 2007-0378                                                                                   
                 Application 10/212,895                                                                             
                                                                                                                   
                 additional precursors.  That is, the limitation is fully met by forming the seed                   
                 layer and overlying paraelectric layer using a common precursor,                                   
                 notwithstanding the use of additional precursors.                                                  
                       With this interpretation in mind, we turn to the prior art.  As the                          
                 Examiner indicates, Norga’s PZT layer 35 comprises two sub-layers: (1) a                           
                 first PZT sub-layer adjacent to the bottom electrode 34, and (2) a second                          
                 PZT sub-layer on the first sub-layer.  The first sub-layer has Ti concentration                    
                 higher than the second sub-layer (Norga, ¶ 0062).                                                  
                       We disagree with Appellants that the first sub-layer is not a seed layer                     
                 as claimed.  First, we see no reason why the first sub-layer in Norga cannot                       
                 function as a seed layer, particularly since it is disposed adjacent to the                        
                 bottom electrode 34 – an arrangement commensurate with the seed layer                              
                 disclosed in the present application.  See Fig. 2 of the present application                       
                 (showing seed layer 45 adjacent to electrode 44).  Moreover, Appellants                            
                 have provided no evidence on this record establishing that the first sub-layer                     
                 is incapable of functioning as a seed layer.                                                       
                       Second, even if we assume, without deciding, that Norga provides a                           
                 seed layer in addition to the two sub-layers of PZT layer 35 as Appellants                         
                 seem to suggest, such an additional seed layer is not required.  Rather, an                        
                 additional seed layer is merely recommended for certain PZT layers with                            
                 Zr/Zr+Ti concentrations greater than 0.2 to improve crystallinity of the                           
                 formed layers (Norga, ¶ 0063).  In our view, the first sub-layer in Norga                          
                 reasonably constitutes a seed layer as claimed giving the term its broadest                        
                 reasonable interpretation.                                                                         




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