Ex Parte Choquette et al - Page 2



            Appeal No. 2005-0813                                                                       
            Application No. 09/871,492                                                                 

            semiconductor substrate, a pair of mirrors doped n-type                                    
            sandwiched about an active region which includes one or more                               
            indium gallium arsenide nitride (InGaAsN) quantum wells, and a                             
            tunnel junction included in a n-type mirror that functions to                              
            inject holes into the active region for recombination with                                 
            electrons to generate lasing action and the emission of light at                           
            a nominal wavelength of 1300 nanometers (nm)(Brief, page 3).                               
            Representative independent claim 1 is reproduced below:                                    
                  1.  A vertical cavity surface emitting laser comprising:                             
                  a substrate;                                                                         
                  a first n-type mirror adjacent the substrate;                                        
                  an active region including one or more quantum wells, the                            
                        quantum wells being formed of InGaAsN;                                         
                  a second n-type mirror adjacent the active region, the                               
                        second mirror including a tunnel junction for injecting                        
                        holes into the active region,                                                  
                  wherein the laser emits light at a nominal wavelength of                             
            1300 nm.                                                                                   
                  The examiner has relied upon the following references as                             
            evidence of obviousness:                                                                   
            Lebby et al. (Lebby)          5,956,363          Sep. 21, 1999                             
            Brillouet et al. (Brillouet)  6,052,398          Apr. 18, 2000                             
                  The claims on appeal stand rejected under 35 U.S.C. § 103(a)                         
            as unpatentable over Lebby in view of Brillouet (Answer, page 3).                          
            We reverse this rejection essentially for the reasons stated in                            
            the Brief, Reply Brief, and those reasons set forth below.                                 

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