Appeal No. 96-2528
Application 08/011,202
Yamada (Japanese Koaki)2 1-225 175
Sept. 8, 1989
Onda et al. (Onda), “Striped Channel Field Effect Transistors
With A Modulation Doped Structure”, IEDM-89, pp. 125-128 (Dec.
1989).
Claims 1-4 stand provisionally rejected under the
judicially created doctrine of obviousness-type double
patenting as being unpatentable over a copending application.
Claims 1-4 also stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite. Finally, claims 1-4 stand
rejected under 35 U.S.C.
§ 103. As evidence of obviousness, the examiner relies upon
Yamada in view of Onda as to claims 1-3, with the addition of
Abrokwah as to claim 4.
Rather than repeat the positions of the appellants and
the examiner, reference is made to the briefs and the answer
for the respective details thereof.
OPINION
Our understanding of this reference is based upon by a translation2
provided by the Scientific and Technical Information Center of the Patent and
Trademark Office. A copy of the translation is enclosed with this decision.
3
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