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.
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