Ex parte GREENE et al. - Page 5




          Appeal No. 1998-2938                                                        
          Application 08/510,752                                                      


          The rejection                                                               
               The Examiner concludes (FR3):                                          
               [I]t would have been obvious to use a GaAs/InGaAs system               
               as disclosed in Zucker for the GaAs/AlGaAs system used in              
               Ishikawa et al. because as taught in Zucker the two are                
               equally interchangeable.  In view of the modification,                 
               the quantum well layer would have a non-uniform lattice                
               constant with accompanying strain profile and zero filed               
               [sic, field] E1-LH1 and E1-HH1 transitions that are                    
               substantially degenerate.                                              

          Analysis                                                                    
               The two issues are whether the combination of Ishikawa                 
          and Zucker teaches or suggests (1) a quantum well substructure              
          that "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," and (2) a quantum well               
          layer where the strain profile has the property of                          
          "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."                                                  
                                         (1)                                          
               Appellants argue that neither Ishikawa nor Zucker                      
          discloses a non-uniform lattice constant and, therefore, the                
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