Ex Parte ABERSFELDER et al - Page 5




          Appeal No. 2002-1849                                       Page 5           
          Application No. 09/116,710                                                  


          F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In re              
          Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).               
               We consider first the rejection of claim 2 based on the                
          teachings of Brown considered with Abileah and Branca.  The                 
          examiner's position (answer, page 4) is that Brown is silent as             
          to the coloration of a surface of the holographic screen in                 
          ambient light being black, gray, or a dark color.  To overcome              
          this deficiency in Brown, the examiner turns to figure 4 and col.           
          9, lines 10-35 of Abileah for a teaching of a holographic display           
          that appears as one of black, gray, and a dark color in ambient             
          light (col. 9, lines 10-35).  The examiner asserts (answer, page            
          5) that "the darken[ed] display is considered [to be] a dark                
          color in the off state."  The examiner adds (id.) that:                     
               It is further noted that although the combination of                   
               Brown and Abileah et al discloses performing                           
               holographic image generation on a display, it is silent                
               about using the holographic screen wherein a property                  
               of a surface of the holographic screen is that it has                  
               an intrinsic coloration which is one of black, gray and                
               a dark color in ambient light as specified in claims                   
               2-5 and 8-10.                                                          
          To overcome this deficiency of Brown and Abileah, the examiner              
          turns to Branca for a teaching of a property of a holographic               
          screen that has an intrinsic coloration which is one of black,              
          gray and a dark color in ambient light.                                     








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