Appeal No. 1997-2150
Application No. 08/350,777
in Figure 4, lenses 90 and 100 between the LEDs and the
mirror. Thus, the lenses are a fixed optical system which
produces a magnified virtual image.
The examiner admits (Answer, page 4) that the combination
of Villa-Real and Wells lacks disclosure for the image
producing less than 15 fL. The examiner states (Answer, page
4) that Wells uses the same light emitting devices as
appellants and, therefore, his display must produce less than
15 fL. The examiner further asserts (Answer, page 4) that the
claimed amount of light produced would have been obvious as it
is merely an optimum value of a result effective variable.
The examiner's first reason for obviousness is
essentially an inherency argument. However, appellants
explain (Brief, page 8) that the amount of light produced
depends on the amount of current that is applied to the LEDs,
and that the amount of current that can be applied to each LED
is determined by the size of the semiconductor chip upon which
the LEDs are formed. Since Wells does not discuss the
luminance nor limit the size or the amount of current that can
be applied to each LED, appellants contend (Brief, page 9)
that there is no teaching that would lead the skilled artisan
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