Ex parte GREENE et al. - Page 10




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

                                         (2)                                          
               Appellants also argue that the claimed invention has the               
          advantage of substantial polarization insensitivity over the                
          range of applied field from 0 to 100 kV/cm because of matching              
          E1-HH1 and E1-HH1 Stark shifts and that it is unclear to what               
          extent, if at all, this matching occurs in Ishikawa (Br5;                   
          Br8-9).  Appellants refer to figure 4 of Ishikawa as showing                
          polarization insensitivity only for two values of applied                   
          field (Br9).                                                                
               Although we have reversed the rejections, we will briefly              
          discuss these arguments.                                                    
               The Examiner states (EA5):  "Ishikawa also clearly                     
          discloses the Stark shift over an applied electric field range              
          of 0-100 kV/cm, as depicted in Figure 3(not Figure 4)."  The                
          Examiner points out that figure 3 corresponds to energy shifts              
          according to the applied electric field (EA5-6).                            
               We agree with the Examiner that Appellants' arguments                  
          regarding figure 4 appear misplaced since figure 4 does not                 
          show applied electric field.  However, the Examiner's                       
          reasoning is of no help since it does not explain how figure 3              
          of Ishikawa shows "substantially matching E1-HH1 and E1-LH1                 

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