Ex Parte Choquette et al - Page 7



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

            light” and “other references did not cite motivation for using                             
            InGaAsN” (Answer, page 6).                                                                 
                  For the foregoing reasons and those stated in the Brief and                          
            Reply Brief, we determine that the examiner has not established a                          
            prima facie case of obviousness based on the reference evidence.                           
            Therefore we reverse the examiner’s rejection of the claims on                             
            appeal under section 103(a) over Lebby in view of Brillouet.                               



















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