Ex Parte Masaki et al. - Page 6



          Appeal No. 2005-0825                                                        
          Application 08/772,259                                                      

          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR § 41.37(c)(1)(vii)(2004)].                         
          With respect to representative independent claim 4, the                     
          examiner finds that the prior art optical device as shown in                
          Figures 11 and 12 of the application contains all the claim                 
          limitations except that it does not disclose that only part of              
          the slopes of each prism defines a diffusing surface for the                
          purpose of generating a diffused light in a substantially uniform           
          manner and simultaneously reducing the effects of the reflecting            
          plate.  The examiner cites Ishikawa as teaching a light control             
          plate having a roughened prismatic configuration of the type                
          recited in claim 4.  The examiner finds that it would have been             
          obvious to the artisan to modify the prior art device to have the           
          roughened prismatic configuration as taught by Ishikawa [answer,            
          pages 3-5].                                                                 
          Appellants argue that the prism sheet of Ishikawa does                      
          not perform the uniform pattern of illumination operation as                
          asserted by the examiner.  Appellants argue that Ishikawa teaches           
          a different type of side type light display device which has two            
          light sources and no angled light plate.  Appellants also argue             
          that the light illumination systems of Ishikawa and the prior art           
          are different.  Appellants also assert that there is no                     
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