Appeal No. 1999-0862
Application 08/764,275
declaration by Dr. Lent under 37 CFR § 1.132 filed with the
response of August 15, 1997. Appellants argue that the
declaration establishes that prior to the date of the present
application it was known to those of ordinary skill in the art
that the occupancy of electrons in individual Quantum Cellular
Automata cells was controlled energetically, and that one way
to achieve placing two electrons in such cells is that a top
gate shift of energy of a cell state to an appropriate Fermi
level as shown in figure 2 of the article “Quantum Cellular
Automata: The Physics of Computing With the Raise of Quantum
Dot Molecules.” Appellants argue that this article discloses
that the quantum interaction separates different charge states
of a Quantum Cellular Automata cell. Appellants further argue
that the filed declaration also indicates that it was known to
those of ordinary skill in the art that if a Fermi level is
positioned between a two-electron level and a three-electron
level, then Quantum Cellular Automata cell will have two
electrons in them.
As noted by our reviewing court in Enzo Biochem, Inc. v.
Calgene Inc., 188 F.3d 1362, 1371, 52 USPQ2d 1129, 1135 (Fed.
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