Ex parte KAWAMURA et al. - Page 11




          Appeal No. 96-4083                                                          
          Application 08/268,039                                                      



          response of the laser diode and not a showing of the bypass                 
          capacitor taught on page 782.                                               
                    On page 9 of the brief, Appellants further argue                  
          that Suzuki fails to disclose the use of a Peltier element to               
          cool the substrate, as in the present invention.  We note that              
          claim 33 fails to recite this limitation.                                   
                    Appellants' claim 5 stands rejected under 35 U.S.C.               
          § 103 as being unpatentable over Fenner.  On page 10 of the                 
          appeal brief, Appellants argue that Fenner's resistor 20 is                 
          not installed in a package as required by Appellants'                       
          invention.                                                                  
                    We note that claim 5 recites "a resistor connected                
          in series between an electrode of the semiconductor laser                   
          diode and said bias current source for inputting bias current               
          to said                                                                     
          semiconductor laser diode to generate light, said resistor                  
          being installed in said package."  Thus, we find that                       
          Appellants' claim 5 does require that the resistor is to be                 
          installed in a package.                                                     



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