Ex Parte Rohr et al - Page 2



                Appeal 2006-2150                                                                                 
                Application 09/995,927                                                                           

                compositions such that a period of one tensile strained layer and one                            
                compressively strained layer exerts substantially no shear force on a                            
                neighbouring structure.   This appealed subject matter is adequately                             
                represented by independent claim 1 which reads as follows:                                       
                       1.  A photovoltaic device comprising:                                                     
                       a plurality of quantum wells and                                                          
                       a plurality of barriers, said barriers alternating with said quantum                      
                wells, one of said plurality of quantum wells and said plurality of barriers                     
                comprised of tensile strained layers and the other of said plurality of                          
                quantum wells and said plurality of barriers comprised of compressively                          
                strained layers, said tensile strained layers and said compressively strained                    
                layers having compositions such that a period of one tensile strained layer                      
                and one compressively strained layer exerts substantially no shear force on a                    
                neighbouring structure.                                                                          
                       The references set forth below are relied upon by the Examiner in the                     
                § 102 and § 103 rejections before us:                                                            
                Freundlich US 5,851,310 Dec. 22, 1998                                                            
                Freundlich US 6,150,604 Nov. 21, 2000                                                            
                Ekins-Daukes et al., Strain-balanced GaAsP/InGaAs quantum well solar                             
                cells, 75 Applied Physics Letters no. 26, 4195-97 (1999)                                         
                       Claims 1-6, 12, 13, 42, and 43 are rejected under 35 U.S.C. § 102(b)                      
                as being anticipated by Ekins-Daukes.                                                            
                       Under 35 U.S.C. § 103(a):                                                                 
                             Claims 7-11, 14, and 15 are rejected as being obvious over                          
                       Ekins-Daukes in view of Freundlich ‘310;                                                  
                             Claims 16 and 17 are rejected over Ekins-Daukes in view of                          
                       Freundlich ‘604;                                                                          
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