Ex parte SEABAUGH et al. - Page 10




          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              

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