Ex parte KOMATSU - Page 6




                 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).                                                                                                                                   
                                                                           6                                                                            





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