Appeal No. 1997-2585
Application 07/930,880
detector that generates visible colored light signals which
clearly differ from black and white signals with various
shades of gray representing different colors. Prior to the
amendment of October 28, 1996, independent claim 1 did not
preclude a single silicon detector to generate visible black
and white signals. However, claim 1 as amended, which is now
before us, does clearly limit the output from the detector to
visible colored light signals. This is further supported by
Appellant’s disclosure on page 10 of the specification and
Figs. 4a and 5 which show that electrical signals
corresponding to infrared, blue, green, and red wavelengths
are generated by detector 34 and sent to matrix 56. Thus,
Appellant’s claim 1 requires a single silicon detector to
generate electrical signals corresponding to both infrared and
visible colored light radiation.
We are not inclined to dispense with proof by
evidence when the proposition at issue is not supported by a
teaching in a prior art reference or shown to be common
knowledge of unquestionable demonstration. Our reviewing
court requires this evidence in order to establish a prima
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