Appeal No. 96-1451
Application No. 07/937,936
substitution made by the examiner "is counter to the teachings
of Yamamoto" (Brief, page 4), we cannot sustain the rejection.
It is worth noting that since Yamamoto specifies both
rare earth and non-rare earth phosphors for the additional red
component, a substitution of a non-rare earth material for the
rare-earth materials listed, at first glance, might appear
obvious to the skilled artisan. However, the lead and
manganese activated calcium silicate that the examiner
proposed as a substitute has a wavelength of 610 nm, which is
outside Yamamoto's range of 620-660 nm for the additional red
element. Therefore, it would not have been obvious to
substitute calcium silicate for either of Yamamoto's red
components.
CONCLUSION
The decision of the examiner rejecting claims 1 through
18 under 35 U.S.C. § 103 is reversed.
REVERSED
JERRY SMITH )
Administrative Patent Judge )
)
)
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007