Appeal No. 1999-0862
Application 08/764,275
structure. Appellants provide numerous other environments in
embodiments having to do with the arrangement of the quantum
cells. Thus, the Appellants are not claiming that they have
invented quantum cells and have, in fact, acknowledged that
quantum cells were known at the time of the filing of the
application.
This is supported by the declaration by Dr. Lent as well
as the numerous articles that were provided by the Appellants.
In particular, we note that the article “Bistable Saturation
in coupled quantum dots for quantum cellular automata”,
authored by Craig S. Lent, P. Douglas Tougaw and Wolfgang
Porod published 23 November 1992, supports that quantum
cells were known prior to the filing of this application. In
particular, we point to figure 1 of that article that shows
such a quantum cell. We acknowledge that the Examiner has
pointed to portions of these articles that state that this
technology has it difficulties. However, we find nothing in
the articles that support the Examiner’s argument that one of
ordinary skill in the art would not be able to make or use the
Appellants’ invention without routine experimentation.
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