Appeal No. 2004-0024
Application No. 09/249,922 Page 8
project in a collimated manner from lens 16, due to the
adjustment of reflector 15.
In addition, we find that the claim language "a metal halide
arc lamp wherein the lamp produces a point source of light, said
lamp producing a white light capable of penetrating dense smoke
and fog" requires a white light. However, we find no explicit
definition of white light in the record, and take Notice2 that
the ordinary and customary meaning of white light is "any
radiation producing the same color sensation as average noon
sunlight." Although the Declaration of Mr. Wood (page 3) sets
forth that the light produced by an ARC light is perceived by the
human eye as being "whiter light" than the light of a halogen
lamp, we find nothing in the record that would preclude the
phrase "white light" from reading on any conventional light, such
as the metal halide lamp of Gaus. In addition, although the
claim requires that the white light produced by the lamp is
capable of penetrating dense smoke and fog, the claim is silent
as to how much penetration of dense smoke and fog is required to
meet the claim. Although the Declaration of Mr. Woods states
(page 2) that in the test of the lamp, that a fireman's high
2 Mc-Graw Hill Dictionary of Scientific and Technical Terms, Fifth
Edition, © 1994 Mc-Graw Hill, Inc. Page 2165; a copy of which is attached to
the Decision.
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