Ex parte SEABAUGH - Page 4




          Appeal No. 96-3296                                                          
          Application 08/145,267                                                      

          he relies on for such a teaching.  We find no evidence in the               
          applied references of "a silicon resonant tunneling diode with              
          tunneling barriers including an amorphous silicon-oxygen                    
          compound," as claimed.  At the bottom of page 3 of the answer,              
          the examiner also contends that "from Suematsu it is shown that             
          amorphous silicon oxide tunneling insulator [sic] would have been           
          clearly obvious tunneling insulator material" but, again, there             
          is no indication from the examiner as to what portion or portions           
          of Suematsu are relied on for such a teaching.  It is unclear to            
          us how the examiner is construing the "artificial semiconductors"           
          of Suematsu to somehow suggest the claimed silicon resonant                 
          tunneling diode with tunneling barriers including an amorphous              
          silicon-oxygen compound.                                                    
                    We agree with appellant, at page 4 of the brief, that             
          if Iwamatsu and/or Suematsu were combined with Tanoue,                      
                    ...the result would be either a field                             
                    effect transistor plus an induced                                 
                    potential well field effect transistor                            
                    (Iwmatsu [sic, Iwamatsu]) or a field                              
                    effect transistor plus a junction diode                           
                    of "artificial semiconductor" materials                           
                    which could give resonant conduction                              
                    behavior (Suematsu).  But neither of                              
                    these would suggest the silicon based                             
                    resonant tunneling with amorphous                                 
                    tunneling barriers as required by                                 
                    independent claim 5 and its dependent                             
                    claims...                                                         


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