Ex parte SEABAUGH - Page 3




          Appeal No. 1998-1099                                                        
          Application No. 08/263,180                                                  

                                       OPINION                                        
               The 35 U.S.C. § 102(b)/35 U.S.C. § 103 rejections of                   
          claims 79 and 81 are reversed.                                              


               The examiner has directed our attention to Figure 13 of                
          Yokoyama for a teaching that either anticipates or would have               
          rendered obvious the claimed invention (Answer, page 3).                    
               Figure 13 of Yokoyama is a conduction-energy-band diagram              
          for a hot electron transistor device (column 2, lines 45                    
          through 47).  The figure clearly shows that the transistor has              
          an emitter, a base, and a collector.  The same holds true for               
          an injector connected between the emitter and the base.  The                
          injector includes tunneling barriers 19A1 and 19A2 with                     
          bandgap larger than the bandgaps of the emitter and the base.               
          The injector also includes a quantum well 19B between the                   
          tunneling barriers with a portion (i.e., the lowermost area of              
          the quantum well) having a bandgap smaller than the bandgap of              
          the emitter.  The bandgap of the noted portion of the quantum               
          well is not, however, smaller than the bandgap of the base.                 
          Thus, we agree with appellant’s argument (Brief, page 4) that               
          Yokoyama neither teaches nor would have suggested “the claim                

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