Appeal No. 1997-0189
Application No. 07/983,118
basis in the applied prior art to combine their teachings in
the manner proposed by the Examiner, the 35 U.S.C. § 103
rejection of claims 34, 39, and 51 is not sustained.
As to the 35 U.S.C. § 103 rejection of dependent claims
35, 36, 40, and 41 based on the combination of Suntola,
Mourey, and Yang, we note that Yang was applied solely to meet
the light polarization feature of the claims. Yang, however,
does not overcome the innate deficiencies of Suntola and
Mourey and, therefore, we do not sustain the obviousness
rejection of claims 35, 36, 40, and 41.
In conclusion we have not sustained any of the Examiner’s
rejections of the claims on appeal. Therefore, the decision
of the Examiner rejecting claims 34-43, 50, and 51 is
reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LEE E. BARRETT ) APPEALS AND
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