Appeal No. 1998-2938 Application 08/510,752 This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims 1-7. We reverse. BACKGROUND The disclosed invention relates to a quantum confined Stark effect (QCSE)-based optical modulator which is polarization insensitive over a wide range of field strengths. Claim 1, the sole independent claim, is reproduced below. 1. A quantum confined Stark effect modulator in which the or each quantum well layer of the modulator has a non-uniform composition that provides, across the thickness of the layer, a non-uniform value of lattice constant to produce a strain profile in the modulator that provides the modulator with substantially matching E1-HH1 and E1-LH1 Stark shifts for at least one polarity of applied electric field from 0 up to 100 kV/cm and zero field E1-LH1 and E1-HH1 transitions that are substantially degenerate. The Examiner relies on the following prior art: Zucker 5,090,790 February 25, 1992 Ishikawa et al. (Ishikawa) 5,153,687 October 6, 1992 Chen, W., and Andersson, T.G. (Chen), Quantum-confined Stark shift for differently shaped quantum wells, Semiconductor Science Technology 7 (1992), pp. 828-836. Claims 1, 2, and 5 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ishikawa and Zucker. - 2 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007