Ex parte SEABAUGH et al. - Page 11




          Appeal No. 1997-3695                                                        
          Application No. 08/097,526                                                  

          and Randall.  We find that the Examiner has combined                        
          references containing the necessary pieces present in                       
          Appellant’s claims 1 and 2 without any reason or motivation to              
          combine.  One of ordinary skill in the art would not have                   
          reasonably combined a reference providing a process of using a              
          sidewall mask for etching existing underlying layers as taught              
          by Johnson with the method of selective deposition of quantum               
          dots inside the openings in epitaxy mask of Nishida and                     
          Galeuchet based on the suggestions of Randall which is                      
          directed to etching a pair of quantum dot diodes from existing              
          layers.  Therefore, we reverse the Examiner’s rejection of                  
          claims 1 through 3 under 35 U.S.C.                                          
          § 103 over Nishida, Galeuchet, Johnson, and Randall.                        















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