Appeal No. 1998-2938
Application 08/510,752
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," as recited in
claim 1. In the Final Rejection the Examiner stated that what
constitutes "substantially matching" is not defined and that
there appears to be little or no variability in figure 3
(FR6-7).
Appellants do not address the Examiner's arguments about
"substantially" being a relative term. It appears that the
term "substantially matching" may be defined in the
specification because it is discussed (specification, p. 6,
line 34 to p. 7, line 3): "The degree of residual mismatch
between the two Stark shifts for positive fields [according to
the invention] is computed as less than 1meV over the range
from 0 to 100kV/cm. This compares with a separation of 6meV
at a field of 100 kV/cm in respect of the Stark effect fields
of Figure 3 in respect of quantum well possessing no
substructure but strained to provide degeneracy at zero field
strength." This has not been argued.
Nevertheless, figure 3 of Ishikawa is of no help in
establishing the obviousness of the property of substantially
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