Appeal No. 96-1083 Application 08/150,099 F.3d 1087, 37 USPQ 2d at 1239 (Fed. Cir. 1995), citing W. L. Gore & Assocs., v. Garlock, Inc., 721 F.2d at 1551, 1553, 220 USPQ at 311, 312-13 (Fed. Cir. 1983). The other reference, Verstegen, also does not cure this deficiency. It merely deals with the different types of luminescent materials which can be used as luminescent coating in a low-pressure mercury vapor discharge lamp. We conclude that the rejection of claim 1 under 35 U.S.C. § 103 over Hartai and Verstegen is not sustainable. Since claims 2, 3, 5 and 9 depend on claim 1, their rejection under 35 U.S.C. § 103 over Hartai and Verstegen is also not sustainable. We now treat the other independent claim, namely claim 10. Claim 10 calls for a liquid crystal display which employs the low-pressure mercury vapor discharge lamp of claim 1, and contains at least the same limitation: “the length of the discharge path being at least 250 times and at most 1000 times the internal diameter of the lamp vessel.” [Claim 10, lines 13 to 15]. The Examiner has rejected this claim under 35 U.S.C. -6-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007