Appeal No. 1999-0892
Application No. 08/630,128
contend (Brief, pages 4 and 5; Reply Brief, pages 1 and 2) that
the skilled artisan would not choose a gate orientation for the
resulting structure that would produce a drain current along
crystal orientation [01-1] as claimed. Appellants point out
that the Examiner has relied on a disclosure of a conventional
FET at column 3, lines 3-17 of Onodera which describes a
comparison relationship between gate threshold voltage and gate
length for orientations [01(-1)] and [011] as illustrated in
Figure 3. The Examiner has relied upon Onodera’s Figure 3
illustration as teaching the advantages of using a gate
orientation producing a drain current direction along
orientation [01(-1)] as in the appealed claims, and suggesting
the obviousness to the skilled artisan of selecting such an
orientation.
Appellants contend, however, that the Examiner has
disregarded the remainder of the disclosure of Onodera beginning
with a discussion of the Figure 4 embodiment at column 3, line
18. In Appellants’ view, the teaching provided to the skilled
artisan by the bulk of the disclosure of Onodera is to select
neither of the orientations offered for comparison in Figure 3,
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