Appeal No. 1997-2856
Application 08/394,251
The relationship that the maximum diameter of the
fluorescent lamp is no larger than twice the maximum diameter
of the screw base is not described expressly or impliedly in
the original specification. Our photocopy of the drawings,
which should differ only in scale, shows a dimension across
the lamp 11 of 0.92 inches (23.37 mm) and a dimension across
the top of the thread 17 of 0.49 inches (12.45 mm), which
agrees with Appellant's measurements of 23 and 12 millimeters,
respectively. Nevertheless, the ratio is so close that one of
ordinary skill in the art would not have appreciated that this
relationship was an essential part of the invention from
looking at the drawing. The relationship could be mere
happenstance in the way the drawings were prepared that
Appellant wants to rely on to distinguish the claims.
Therefore, we sustain the rejection of claim 31.
Obviousness
Claims 5, 6, 8-11, 15, and 18-31
Appellant relies on the limitation in claim 5 that "the
other ends of the cylindrical lamp sections being joined
together via a transversely disposed lamp section ... having a
maximum dimension no longer than the maximum dimension of one
- 10 -
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007