Appeal No. 1997-4033
Application No. 08/589,584
lines 21-27). See also Ishizaka U.S. Patent 5,757,985 (copy
attached), which at column 5, lines 13-17 describes a Mach-
Zehnder modulator having a thicker MQW structure in the
modulator region than in other regions. Consequently, claim 4
22, which together with dependent claims 23-26 was added by
the above-mentioned preliminary amendment, is believed to be
misdescriptive of appellant's disclosed invention by reciting
a thinner MQW structure in the active region than in the
passive regions. For the same reasons, the above-noted
amendment to the specification is also believed to be
incorrect.
However, claim 22 is accurate to the extent it specifies
that using a small mask stripe width in the passive regions
results in a "band gap wavelength smaller than that provided
on said active region." This is consistent with Sasaki's
Figure 4, which shows that 10 Fm-wide mask stripes result in a
4Ishizaka, like the application on appeal, is assigned
to NEC Corporation.
5
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