Ex Parte Choquette et al - Page 1



                  The opinion in support of the decision being entered                                 
                  today was not written for publication and is not binding                             
                  precedent of the Board.                                                              

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                   
                                             ____________                                              
                                BEFORE THE BOARD OF PATENT APPEALS                                     
                                          AND INTERFERENCES                                            
                                             ____________                                              
                          Ex parte KENT D. CHOQUETTE and JOHN F. KLEM                                  
                                             ____________                                              
                                        Appeal No. 2005-0813                                           
                                    Application No. 09/871,492                                         
                                             ____________                                              
                                               ON BRIEF                                                
                                             ____________                                              
            Before WARREN, WALTZ, and DELMENDO, Administrative Patent Judges.                          
            WALTZ, Administrative Patent Judge.                                                        

                                        DECISION ON APPEAL                                             
                  This is a decision on an appeal from the primary examiner’s                          
            final rejection of claims 1 through 9, 11 through 18, and 20                               
            through 23, which are the only claims pending in this application                          
            (an amendment subsequent to the final rejection has been entered                           
            by the examiner; see the amendment dated July 18, 2003, entered                            
            as per the Advisory Action dated Aug. 20, 2003).  We have                                  
            jurisdiction pursuant to 35 U.S.C. § 134.                                                  
                  According to appellants, the invention is directed to a                              
            vertical-cavity surface-emitting laser (VCSEL) comprising a                                





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