Ex parte KATOH et al. - Page 2




          Appeal No. 1999-0862                                                        
          Application 08/764,275                                                      


          utilizes a quantum effect such as tunnel effect.                            




               Independent claim 1 is reproduced as follows:                          
               1.  A quantum effect device comprising a plurality of                  
          cells, including an input cell and an output cell, wherein                  
          each of said quantum cells takes one of at least two                        
          recognizable states in accordance with a physical interaction               
          between the quantum cell and any adjacent quantum cell and                  
          said quantum cells are arranged in such a two-dimensional                   
          pattern that the input cell and the output cell have a                      
          predetermined relation and that the output cell and some other              
          cells constitute a loop structure.                                          
               The Examiner has not relied on any prior art in the                    
          rejection of the claims under appeal.                                       
               Claims 1 through 16 stand rejected under 35 U.S.C. § 112,              
          first paragraph, for failing to provide an adequate enabling                
          disclosure of the claimed invention.                                        
               Rather than reiterate all the arguments by the Appellants              
          and the Examiner, reference is made to the briefs  and answer1                          

               1The record is not clear as to when Appellants filed an                
          appeal brief.  We note that the appeal brief is present in the              
          file; however, the contents of the file do not list the appeal              
          brief.  We suggest the Examiner clarify the file as to when                 
          the appeal brief was actually filed.  Appellants filed a reply              
          brief on September 21, 1998.  The Examiner mailed an office                 
          communication on September 30, 1998, stating that the reply                 
          brief has been entered and considered but no further response               
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