Ex parte PAPPALARDO - Page 8




          Appeal No. 96-2138                                                          
          Application 07/967,607                                                      

          the particular europium activated aluminate green emitting                  
          phosphor component recited in claim 1" (Brief, page 5).                     
          We agree.  The examiner apparently considers the europium                   
          activated blue/green europium component in Northrop to be the               
          "europium activated aluminate green emitting phosphor component."           
          While we agree that blue/green encompasses green, the examiner              
          fails to address the material limitation.   Northrop discloses              
          the fourth phosphor to be europium activated strontium                      
          borophosphate, not europium activated aluminate, as claimed.                
          Every limitation must be considered in addressing obviousness.              
          In re Wilder, 429 F.2d 447, 450, 166 USPQ 545, 548 (CCPA 1970)              
          ("every limitation positively recited in a claim must be given              
          effect in order to determine what subject matter that claim                 
          defines").  Accordingly, for this additional reason we conclude             
          that the examiner has failed to establish a prima facie case of             
          obviousness with respect to independent claim 1.                            












                                        - 8 -                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007