Ex parte JAIN - Page 8




          Appeal No. 1997-0689                                                        
          Application No. 08/047,238                                                  


          same field of endeavor, disposed optical elements in series to              
          control light                                                               
          entering the room."  Zhang does use multiple elements that                  
          move in and out of optical series to control the amount of                  
          light                                                                       
          entering the room.  However, the diffraction gratings of                    
          Gerritsen II are for focusing light rather than for varying                 
          the amount of light entering.  As Zhang's polarizers and                    
          Gerritsen II's diffraction gratings do not have similar                     
          functions, substitution of the diffraction gratings for the                 
          polarizers is akin to comparing apples to oranges.                          
               Furthermore, neither Zhang nor Gerritsen II is concerned               
          with controlling infrared light, or rather, the amount of heat              
          that is generated by the incoming light.  The examiner states               
          that "[t]he particular selection of an infrared component for               
          control would have offered only advantages well-known and                   
          obvious to those skilled in the art, and is not considered to               
          represent a patentable advance."  (Answer, page 8).  The                    
          examiner, however, provides no explanation how one would                    
          select controlling only the infrared light without defeating                
          the purpose of Zhang, to vary the brightness in the room.                   
                                          8                                           





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