Interference No. 103,357
that the Board should not be mislead by the senior party’s brief, which states that the colors
green and yellow discussed in the Owen specification lie in the middle of the visible color
spectrum, and thus the mid-region of a spectral range. Phillips charges that the senior party’s
application makes no disclosure as to how or why the lens assemblies should be afocal in the
mid-region of a particular spectral range.
Phillips argues that the Owen disclosure that “the lens assemblies are preferably
achromatized for the colors green and yellow” is ambiguous because the entire image being
viewed is green. The junior party charges that this language can be interpreted as teaching that
the lens assembly is achromatized for the entire image, and that this contradicts the wording of
the count that calls for lens elements being substantially afocal for wavelengths of light only in a
mid-region of a spectral range.
Phillips contends that the specification of Owen is deficient because it does not
describe lens materials, spaces and curvatures.
Opinion
Owen’s Request for Additional Testimony:
We are of the opinion that Owen has not established an abuse of discretion on the
part of the APJ who denied its request for additional testimony. The senior party’s position that
the rules expressly provide for a testimony period in response to an order to show cause without
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