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. 2Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007