Ex Parte Ruby et al - Page 3

               Appeal 2007-3322                                                                             
               Application 09/947,094                                                                       
               D      Findings of Fact (FF. ¶ Nos.)                                                         
                      1.    The invention is directed to an apparatus which senses light                    
               emitting diode luminance and a method for sensing light emitting diode                       
               luminance.  (Specification 3-5).                                                             
                      2.    It has been known in the art to use an LED back lighting array                  
               as a source of illumination for liquid crystal displays.  (Specification 2:22-               
               24).                                                                                         
                      3.    There are difficulties with conventional ways of providing an                   
               LED array as the source of illumination for liquid crystal displays, relating                
               to the sensing of LED illumination to provide a basis for adjustment of the                  
               illumination intensity.  (Specification 3:1-7).                                              
                      4.    According to the Applicants, among such difficulties is that a                  
               sensor for sensing LED illumination, if placed in the path of illumination                   
               toward the liquid crystal display, would create a dark spot on the display,                  
               and also that a sensing device mounted on a side panel lateral to the direct                 
               path of illumination would be prone to false readings due to ambient light.                  
               (Specification 3:8-13).                                                                      
                      5.    The independent claims are claims 1, 11, 14, 18, 26, and 31.                    
                      6.    Claim 1 reads as follows:                                                       
                            1.    A light emitting diode (LED) luminance sensing                            
                      system comprising:                                                                    
                            a string of LEDs having a sampling LED, said string                             
                      configured to receive a current flow and, upon receipt thereof,                       
                      to emit light;                                                                        
                            a light sensor configured to detect light emitted from said                     
                      sampling LED;                                                                         

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