Appeal No. 1998-2938
Application 08/510,752
combination of the two fails to include any suggestion of a
structure with quantum wells having a non-uniform lattice
constant (Br5).
The Examiner disagrees and states that the main objective
of both Ishikawa and Zucker is a polarization insensitive
semiconductor device, both teach varying the crystal mixture
composition to attain this objective, and Zucker teaches that
polarization independence can be achieved by mismatching of
lattice constants (i.e., introducing strain) (EA5).
The Examiner does not answer the argument. Zucker
discloses that polarization independence can be achieved by
introducing strain in one or more quantum well layers, but
does not disclose or suggest a quantum well layer with a
non-uniform lattice constant or strain profile. Although
Zucker discusses quantum well layers, plural, it does not
disclose that a quantum well layer is composed of stacked
layers of different materials (as in Ishikawa) having
different strains. The strain is between a single layer and
the substrate (col. 5, lines 12-14) or between the quantum
well layer and a barrier layer (col. 5, lines 44-55). Thus,
Zucker discloses a single quantum well layer with a uniform
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