Ex parte ABILEAH - Page 6




             Appeal No. 96-0871                                                                                   
             Serial No. 08/177,858                                                                                


             n.14 (Fed. Cir.  1992), citing In re Gordon, 733 F.2d 900,                                           
             902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).                                                           
                    Upon a closer review of Abileah, we agree with the                                            
             Examiner that Abileah fails to teach second light source.                                            
             Furthermore, we fail to find that Abileah teaches or suggests                                        
             the spacing of the first light source members such that the                                          
             gap defined between the inner peripheries of two spaced apart                                        
             first light source members a distance that is substantially                                          
             the same as the inner diameters of the first light source                                            
             members.  In particular, we find that Abileah is silent to                                           
             this spacing in the specification.  We further note that                                             
             Abileah does show the spacings in Figures 2A and 7 and these                                         
             spacings are much greater than Appellant's claimed spacings.                                         




                    Turning to Farrell, we fail to find that Farrell teaches                                      
             or suggests the spacing of the first light source members such                                       
             that the gap defined between the inner peripheries of two                                            
             spaced apart first light source members a distance that is                                           
             substantially the same as the inner diameters of the first                                           
             light source members.  As with Abileah, Farrell is silent as                                         
                                                      -6-6                                                        





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