Ex parte KOMATSU - Page 11




                 Appeal No. 1997-4033                                                                                                                   
                 Application No. 08/589,584                                                                                                             


                          decreased bandgap [energy].   It would have been obvious[6]                                                                          
                          to a skilled artisan to apply the masking techniques for                                                                      
                          affecting bandgap as taught in Sasaki given that Rolland                                                                      
                          already teaches the claimed structure.                                                                                        
                 We agree with appellant that the examiner has confused the                                                                             
                 2 Fm and 4 Fm widths of the MQW structures in Rolland's active                                                                         
                 and passive regions, respectively, with the thicknesses of the                                                                         
                 MQW structures in those regions, which Rolland does not                                                                                
                 disclose as being different.  While Sasaki discloses using                                                                             
                 different mask widths to produce different MQW thicknesses and                                                                         
                 different band gap wavelengths in devices having active and                                                                            
                 passive regions with different bandgap energies, the examiner                                                                          
                 has not explained why the artisan would have been motivated by                                                                         
                 Sasaki to modify Rolland's modulator, which apparently has a                                                                           
                 uniform MQW thickness and bandgap wavelength, by forming the                                                                           
                 MQW structures in its active and passive portions with                                                                                 
                 different thicknesses and thus different bandgap wavelengths,                                                                          
                 as required by claim 22.  The  103 rejection of claim 22 is                                                                           
                 therefore reversed, as is the rejection of dependent claims                                                                            


                          6As noted supra, this statement may refer to the 58.9                                                                         
                 and 58.8 meV values given in Figure 4; as is apparent from                                                                             
                 that figure, this statement is incorrect if "bandgap energy"                                                                           
                 is understood to mean band gap wavelength.                                                                                             
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