Appeal No. 1998-2938
Application 08/510,752
matching Stark shifts. Assuming, arguendo, that it would have
been obvious to substitute lattice mismatched materials for
the layers in Ishikawa, it is certain that the curves in
figure 3 are going to change in an unpredictable way. Thus,
the only effective way to establish the property would be
under the principle of inherency by finding a strained
substructure as shown in Appellants' figures 2 and 5.
Accordingly, we conclude that the Examiner has also failed to
establish a prima facie case of obviousness as to the
limitation of 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."
(3)
For the reasons stated above, the Examiner has failed to
establish a prima facie case of obviousness over Ishikawa and
Zucker. The rejection of claims 1, 2, and 5 is reversed. The
Examiner has not pointed out how Chen would overcome the
deficiencies of Ishikawa and Zucker. Thus, the rejection of
claims 3, 4, 6, and 7 is also reversed.
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