Ex parte SEKII et al. - Page 2




              Appeal No. 96-1763                                                                                             
              Application No. 08/056,941                                                                                     


                      This is a decision on appeal from the Examiner's final rejection of claims 1, 2 and 5-                 
                                                                            2                                                
              12, which are all of the claims pending in this application.                                                   
                                                     BACKGROUND                                                              

                      The present invention relates to a semiconductor element having a plurality of layers                  
              as set forth in claim 1 below.  The semiconductor forms a stripe laser.                                        
                      Appellants have indicated that claims 1, 2 and 5-12 do not stand or fall together and                  
                                                        3                                                                    
              provides argument thereto.  (See brief  at pages 3-4.)                                                         
                      Independent claim 1 is representative of the invention and reproduced as follows:                      
                      1.  A semiconductor element comprising:                                                                
                      a substrate of a first conductivity type;                                                              
                      a lower cladding layer of said first conductivity type on said substrate;                              
                      an active layer on said lower cladding layer;                                                          
                      an upper cladding layer of a second conductivity type on said active layer;                            
                      a blocking layer of said first conductivity type on said upper cladding layer;                         
                      a cap layer of said second conductivity type on said blocking layer;                                   




                      Claims 4, 13 and 14 are directed to non-elected claims which were restricted.2                                                                                                     
                      3Appellants filed an appeal brief on May 18, 1995 (Paper No. 24).  We will refer to this appeal brief  
              as simply the brief.  Appellants filed a reply brief on October 10, 1995 (Paper No. 26).  We will refer to this
              reply brief as simply the reply.                                                                               
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