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). 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007