Appeal No. 95-4873
Application No. 08/174,723
layer of the reference is a first tunneling barrier on the first
quantum well, identified as 200Å n+ GaAs QW. The upper 30Å layer
is a second tunneling barrier on the second quantum well, which is
the 70Å layer of GaAs sandwiched between the two 30Å layers.
Nevertheless, although the source terminal of the publication is a
second terminal on the second tunneling barrier, the drain
terminal of the reference cannot be the third terminal of the
claims because the drain terminal is not on the second tunneling
barrier. As indicated above, the n+ Si implant eliminates the
possibility of a second tunneling barrier under the drain. In the
area of the drain, the layer forming the second tunneling barrier
under the source becomes part of the drain terminal itself. For
the reasons given above, the rejection under 35 U.S.C. § 102
cannot be sustained.
Because the examiner has provided no motivation why one
of ordinary skill in the art would have modified the prior art by
eliminating the implant so that the drain terminal would be on the
upper 30Å layer, the rejection under 35 U.S.C. § 103 cannot be
sustained.
REVERSED
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