Ex parte SHANFIELD et al. - Page 4

          Appeal No. 95-0926                                                          
          Application 08/026,222                                                      

          semiconductor, is also not persuasive because while this appears            
          to be Kirchner's preferred embodiment in order to eliminate Fermi           
          level pinning, Kirchner clearly teaches, throughout the patent              
          specification, that there are times that one wishes to introduce            
          anionic species in a selective pattern, e.g., see column 5, lines           
          37-41 of Kirchner.  Thus, Kirchner does not teach away from                 
          appellants' claimed invention in this regard.                               
                    At page 14 of the brief, appellants argue that                    
                    [n]one of the figures show a gate metal                           
                    electrode in Schottky barrier contact                             
                    with the active layer.                                            
          This, too, is not persuasive of patentability because, while                
          Kirchner may not show such a gate metal electrode, the examiner             
          relied on Liles for such a teaching and appellants have failed to           
          address the combination of references as applied by the examiner.           
          In fact, appellants have not addressed Liles at all in their                
                    Nevertheless, we will not sustain the rejection of                
          claims 9, 10 and 12 through 18 under 35 U.S.C. 103 because                  
          neither of the references or a combination of them discloses a              
          surface layer portion of the active layer having anions to                  
          provide a negatively charged surface potential that is disposed             
          between the drain (and source, as per claim 15) and gate                    


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