Ex parte SEABAUGH et al. - Page 1

                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               The opinion in support of the decision being entered                   
               today (1) was not written for publication in a law                     
               journal and (2) is not binding precedent of the Board.                 
                                                            Paper No. 13              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                     Ex parte ALAN C. SEABAUGH, YUNG CHUNG KAO,                       
                        ANDREW J. PURDES, and JOHN N. RANDALL                         
                                 Appeal No.1997-3695                                  
                             Application No. 08/097,526                               
                                      ON BRIEF                                        
          Before HAIRSTON, JERRY SMITH, and FLEMING, Administrative                   
          Patent Judges.                                                              
          FLEMING, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the rejection of claims              
          1 through 3.  Claims 4 and 5 have been allowed.                             
               Appellants’ invention is generally directed to a method                
          of forming quantum devices and in particular, to selective                  
          epitaxial deposition using an epitaxy mask formed by sidewall               


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