Appeal No. 1997-4033
Application No. 08/589,584
higher peak band gap wavelength (1550 nm) than do 4 Fm-wide
mask stripes (1500 nm). 5
Entry of a new ground of rejection under 35 U.S.C. § 112
Because claim 22, reproduced below, is incorrect to
specify that "said multiple quantum well optical wave-guide
layer provided on said first and second passive regions has a
thickness larger than that provided on said active region," we
are hereby entering a new ground of rejection of claims 22-26
under 35 U.S.C. § 112, first paragraph, as lacking written
description support in the original disclosure, which as filed
did not disclose making the MQW structure thinner in the
active region than in the passive regions. Nevertheless, in
the interest of completeness we will also address the merits
of the examiner's § 103 rejection.
The claims
5Sasaki's Figure 4 also shows what appear to half-
amplitude widths of 58.9 meV and 58.8 meV for the 4 Fm and 10
Fm characteristic curves, respectively. These values may be
the basis for Sasaki's statement that "bandgap energy of
selectively grown MQW structure decreases with the increase of
layer thickness of wells" (Sasaki at 374, 2d col., lines 15-
17).
6
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