Appeal No. 1996-1387 Page 17
Application No. 08/110,269
that the material existed and was known to one of ordinary
skill in the art before the appellant’s invention. The
appellant has not rebutted the presumption with arguments or
evidence. Therefore, we affirm the rejection of claims 12-14.
Next, we address claim 16.
Claim 16
Regarding claim 16, the appellant argues, “Bornhorst's
filter 32 does not ‘receive infra-red light reflected by said
filter.’” (Appeal Br. at 32.) The examiner replies, ”the
filter 32 of Bornhorst, which transmits, may read [sic] as
reflecting.” (Examiner’s Answer at 11.)
We agree with the appellant. In short, claim 16
specifies a dichroic reflector, which is distinct from its
infrared (IR) filter.
Bornhorst employs a dielectric interference filter 32 to
filter energy in the "near" IR region before it reaches an LC
layer 14. The interference filter is positioned between the
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