Appeal No. 1997-4033 Application No. 08/589,584 a third cladding layer covering a top surface of said second cladding layer and sloped side walls of laminations of said buffer layer, multiple quantum well optical wave-guide layer, and second cladding layer; and a cap layer formed on a top surface of said third cladding layer; a dielectric film covering at least an entire surface of said ridge-shaped optical wave-guide; and two top electrodes extending over an entire part of said two parallel straight phase modulator sections. The references and rejection The examiner relies on the following references: Sasaki et al. (Sasaki), Novel Structure Photonic Devices Using Selective MOVPE Growth, 33 NEC Research & Development 372-82 (1992). Rolland et al. (Rolland), 10 Gbits/s, 1.56um MULTIQUANTUM WELL InP/InGaAsP MACH-ZEHNDER OPTICAL MODULATOR, 29 Electronics Letters 471-72 (1993). Claims 22-26 stand rejected under 35 U.S.C. § 103 as unpatentable for obviousness over Rolland and Sasaki. The merits of the examiner's 35 U.S.C. § 103 rejection The 35 U.S.C. § 103 rejection is unsustainable even assuming the claims are accurate to call for the MQW structure 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007