Appeal No. 2003-1509
Application 09/853,575
be some suggestion for using a different light source in the LCD
environment of Crossland.
Appellants argue that Appeldorn '643 does not teach or
suggest using optical fibers as a light guide for the activating
light for a phosphor-type light emitting element because
Appeldorn '643 discloses illumination devices wherein the optical
fibers themselves serve as direct sources of visible light
(Br6-7). It is argued that because Appeldorn '643 teaches a
direct source of light, it teaches away from a device wherein
radiant energy is emitted into an optical fiber, and is then
directed via the optical fiber to a luminescent material (Br8).
The examiner responds that Appeldorn '643 is not relied on
for teaching directing activating light toward a luminescent
element, but is relied on for its teaching of an illumination
device including a layer or array of side-emitting optical fibers
having notches in Figs. 4 and 6 (EA6; EA7).
We agree with the examiner that Appeldorn '643 is not relied
on for the luminescent element. One cannot attack reference
showings individually. In re Merck & Co., 800 F.2d 1091, 1097,
231 USPQ 375, 380 (Fed. Cir. 1986). Appeldorn '643 does not
teach that the fiber optic lighting fixture cannot be used in
combination with a luminescent material and does not teach away.
Appellants argue that the examiner's position that it would
have been obvious to incorporate an array of side-emitting
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