Appeal No. 1997-0523 Application 08/082,576 that “Yang teaches away from the use of InBO :Tb in Table 2 3 (sic, 1) by showing that it has poor after glow (decay) and brightness saturation characteristics, thus making the omission of InBO :Tb from the phosphor mixture altogether as 3 claimed by Appellant (sic) in claims 9-14 obvious . . .” [answer, page 7]. We agree with Appellants that the Examiner’s above assertion is mistaken in view of the fact that “Examples 7 to 15 (of yang) include InBO :Tb” [brief, 3 page 17]. Therefore, we do not sustain the obviousness rejection of claims 9 to 14 over Yang and Sugawara. In conclusion, we reverse the obviousness rejection of claims 1 to 14 over Yang and Sugawara. REVERSED KENNETH W. HAIRSTON ) Administrative Patent Judge ) ) ) ) STUART N. HECKER ) BOARD OF PATENT Administrative Patent Judge ) APPEALS AND ) INTERFERENCES 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007