Ex Parte Ooi et al - Page 2



          Appeal No. 2005-0779                                                        
          Application No. 09/802,084                                                  

          promote quantum well intermixing.  This appealed subject matter             
          is adequately represented by independent claim 1 which reads as             
          follows:                                                                    
               1.  A method of manufacturing a photonic integrated circuit            
               comprising a compound semiconductor structure having a                 
               quantum well region, comprising the steps of irradiating the           
               structure using a source of photons to generate defects, the           
               photons having an energy (E) at least that of the                      
               displacement energy (ED) of at least one element of the                
               compound semiconductor, and subsequently annealing the                 
               structure to promote quantum well intermixing.                         
               The references set forth below are relied upon by the                  
          examiner in the Section 102 and Section 103 rejections before us:           
          Burnham et al. (Burnham)       Re. 33,274           Jul. 24, 1990           
          Poole et al. (Poole)            6,027,989           Feb. 22, 2000           
          Feldman et al. (Feldman)        6,071,652           Jun.  6, 2000           
          Thompson et al. (Thompson)   US 2002/0127752 A1     Sep. 12, 2002           
               Claims 1 and 4-9 are rejected under 35 U.S.C. § 102(b) as              
          being anticipated by Burnham.                                               
               Claims 2, 3 and 16 are rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Burnham in view of Thompson, and claims             
          10-15 stand rejected under 35 U.S.C. § 103(a) as being                      
          unpatentable over Burnham in view of Poole and Feldman.                     
               We refer to the brief and reply brief and to the answer for            
          a complete discussion of the opposing viewpoints expressed by the           
          appellants and by the examiner concerning the above noted                   
          rejections.                                                                 
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