Appeal No. 1999-2580 Page 3
Application No. 08/753,598
Solomon et al. (Solomon), “Vertically Aligned and Electronically Coupled Growth
Induced InAs Islands in GaAs,” Physical Review Letters, Vol. 76, No. 6, pp. 952-955
(1996)
Claims 1, 3-12 and 14-34 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner cites Solomon and Xie with regard to claims 1, 3-11 and
23-31, adding Sakai with regard to claims 12 and 14-22, but adding Wallace to the
original combination with regard to claims 32-34.
Reference is made to the briefs and answer for the respective positions of
appellants and the examiner.
OPINION
It is the examiner’s position that Solomon discloses the growth of a quantum
structure on a semiconductor substrate, where the structure has multiple layers and
each layer comprises InAs islands, or “quantum dots,” surrounded by or buried within a
GaAs spacer layer. The examiner cites the first full paragraph of the second column of
page 952 of Solomon wherein the InAs islands are about 40 angstroms high and the
GaAs spacer layers are 56 angstroms high and states that islands in subsequently
grown layers grow so that they are aligned above the islands in the layer beneath. The
examiner contends that because the spacer layers are thicker than the islands, each
island is separated from the island beneath it by about 15 angstroms, so that the
separation is approximately the spacer thickness minus the island thickness.
After concluding that the InAs islands are in a strained or compressed state
within the GaAs layer, and the lattice constant within each island is somewhat less than
it would be if there were no GaAs constraining the island [answer-page 7], the examiner
explains that “the lattice constant within each island is somewhat less than it would be if
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