Appeal No. 1997-2404
Application 08/368,133
particles (3) as taught by Tatsuno on the surface of the first
hemisphere of the Sheridon balls to obtain the advantage of
using light to further modify the image.
Upon our review of Sheridon and Tatsuno, we find
that Sheridon does not teach providing the surface of the
first hemisphere of the balls 14 having a photoalterable
material whose electric properties are altered by exposure to
light. We do agree with the Examiner that Tatsuno teaches
altering the electrical properties by exposure to light of the
phoresis particles (3). However, Tatsuno teaches that the
entire particle (3) is coated with a photoalterable material
and not simply one side of the hemisphere as claimed.
The Federal Circuit states that "[t]he mere fact
that the prior art may be modified in the manner suggested by
the Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re
Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14
(Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902, 221
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007