Appeal No. 1997-3695 Application No. 08/097,526 50 nm apart in existing multiple layers and form the diodes. Randall on page 2896, section V. further teaches that tunneling is present only in the vertical direction in each of the quantum dot diodes. We do not agree with the Examiner that Johnson’s sidewall mask may be combined with the epitaxy mask used in Nishida and Galeuchet to provide the step of “forming one or more quantized regions by selective deposition of one or more epitaxial layers” as recited in Appellants’ claim 1. Johnson is concerned with etching small features using conventional lithography systems and uses the sidewall mask to etch the underlying layer except for a gate portion in the area covered by the mask. Therefore, Johnson’s use of sidewall mask would have merely provided for a method of etching small features in the existing layers in Nishida and Galeuchet and not the epitaxy mask itself. Additionally, we find that Randall’s diode pair is separated by a gap of about 50 nm which does not allow electron tunneling through the gap as recited in Appellants’ independent claim 2. In view of the analysis above, we fail to find any reason or suggestion for combining Nishida and Galeuchet with Johnson 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007