Ex parte SUMAN et al. - Page 12




          Appeal No. 96-1462                                                          
          Application 08/025,189                                                      


          On the first point as already noted, we find no basis for                   
          the artisan to use the teachings of Peterson to modify the system           
          of Mercedes-Benz.  They simply have nothing to do with each                 
          other.  On the second point, the examiner’s bald conclusion that            
          it would have been obvious to substitute one form of television             
          for another is unsupported by this record.  Although this is a              
          legitimate point to consider in resolving the obviousness of the            
          claimed invention, this record is devoid of any teachings which             
          would support this position.  The examiner has not cited any                
          reference which shows a projection television system of the type            
          required by the appealed claims.  Appellants have argued that               
          although LCDs and CRTs have been used in vehicles, projection               
          displays in a mountable housing have not been used in a vehicle.            
          Just because there may be some environments where substituting              
          one form of display for another might be obvious does not serve             
          to make the substitution obvious in all cases.  As noted above,             
          this record does not support the examiner’s position that it                
          would have been obvious to replace the Mercedes-Benz LCD with a             
          projection television display.                                              
          For all the reasons just discussed, we do not sustain the                   
          rejection of claims 1-8, 10-20, 22-25, 27-31, 33, 34, 42, 43 and            
          47 under 35 U.S.C. § 103.  Although claims 9, 21, 26, 32, 35-41             

                                          12                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007