Ex parte PLUMTON et al. - Page 2

              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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