Ex parte JONKER - Page 6




          Appeal No. 95-3335                                                          
          Application 08/083,231                                                      

               The appellant further argues that the IBM Disclosure does              
          not suggest the production of "useful quantities" of circularly             
          polarized light, since it suggests only injection of small                  
          quantities of electrons into small areas where a magnetic moment            
          may or may not exist.  However, the examiner is also correct that           
          the claims do not require any particular quantity of light to be            
          emitted and that the amount of light emitted in the device of the           
          IBM Disclosure is sufficiently useful for the purpose disclosed.            
          The appellant’s argument is without merit.                                  
               The IBM Disclosure does not expressly disclose a second                
          contact contacting another region of the semiconductor substrate.           
          However, the examiner gave many plausible reasons why it would              
          have been obvious to one with ordinary skill in the art to                  
          recognize that such a second contact should be provided.  Among             
          the reasons given by the examiner are: (1) the second contact               
          would set up an electric field inside the substrate to draw the             
          electron flow in the proper direction; and (2) the second contact           
          would provide a discharge path for the electrons which are                  
          accumulating in the substrate.  See the examiner’s discussion in            
          the answer from page 4, line 15, to page 5, line 2.  These                  
          reasons are rational and plausible.  Therefore, the burden has              



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