Appeal No. 1997-3695
Application No. 08/097,526
epitaxial growth. Appellants conclude that the references
provide no basis or suggestion for combining Johnson with
Nishida and Galeuchet. Additionally, Appellants on page 4 of
the brief point out that Randall uses a metal mask for etching
preexisting layers to form quantum dots separated by a 50-nm
gap. Appellants further argue that Randall’s process provides
no suggestion to use the method of Johnson for selective
epitaxial deposition of quantum wells laterally separated by a
tunneling barrier.
The Examiner on page 5 of the answer responds to
Appellants’ arguments by stating that Nishida and Galeuchet
use a silicon dioxide mask in an epitaxial deposition process
where Johnson uses such mask in an etching process. The
Examiner further states that one of ordinary skill in the art
would have reasonably expected an etch mask to function as an
epitaxial mask since both masks use the same material. The
Examiner adds that Randall provided the motivation for such
combination by teaching the desirability of fabricating
closely spaced quantum devices.
As pointed out by our reviewing court, we must first
determine the scope of the claim. “[T]he name of the game is
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