Appeal No. 1998-2962
Application No. 08/485,079
Representative independent claim 10 is reproduced as follows:
10. A vertical field effect transistor, comprising:
(a) a drain made of a first III-V semiconductor material and with a surface
having a crystal plane orientation tilted 0 + 0.5° from the (100) direction;
(b) gate fingers on said drain and made of a second III-V semiconductor
material, said fingers with sidewalls substantially perpendicular to said surface;
(c) channel regions between said fingers and made of a third III-V
semiconductor material; and
(d) a source on said gate fingers and channel regions and made of a fourth
III-V semiconductor material.
The examiner relies on the following references:
Rode 4,050,964 Sep. 27, 1977
Lüth 5,122,853 Jun. 16, 1992
Miyazawa JP 63-252,475 Oct. 19, 1988
Claims 10-12 stand rejected under 35 U.S.C. § 103 as unpatentable over Lüth and
Rode. Claims 14 and 15 stand rejected under 35 U.S.C. § 103 as unpatentable over
Miyazawa and Rode. Further, claims 10-13 stand rejected under the judicially created
doctrine of "non-obvious" double patenting “in view of copending application Serial No.
08/474,612” because “there are no statutory or administrative
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