Appeal 2007-0129
Application 09/810,225
phosphor as the phosphor to be coated in Kasenga based on the disparate
polyphosphate coating of aluminate phosphors described in Bechtel. This is
especially so given the different utility, a PDD application, to which
Bechtel’s coated phosphor is directed. Nor has the Examiner fairly
explained how Mizuta, which patent is directed to superconductive materials
and methods of preparing such superconductors, fairly suggests a
modification of Kasenga that would have led one of ordinary skill in the art
to the here-claimed subject matter.
From our perspective, both of the Examiner’s rejections appear to be
premised on impermissible hindsight reasoning. On the record of this
appeal, it is our view that the Examiner has not carried the burden of
establishing a prima facie case of obviousness with respect to the subject
matter defined by the appealed claims.
Accordingly, we will not sustain the Examiner's § 103(a) rejections on
this record.
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