Ex parte YANG et al. - Page 9




          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               

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