Appeal No. 1997-3301
Application No. 08/159,879
§ 103. See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d
1443, 1444 (Fed. Cir. 1992) (the examiner bears the initial
burden of presenting a prima facie case of unpatentability).
Ohtaka teaches forming a fresnel based diffusion screen
and Suzuki teaches the use of fresnel patterns as diffusion
screens. See Answer, pp. 5-6. Both diffusion screens of
Ohtaka and Suzuki are useful as focusing screens for a camera.
Isono, Horigome and Hayashi disclose methods for making
various optical articles such as optical disks. The method of
Isono, particularly, is directed to forming a stamp and using
the stamp to produce optical disks, holograms and the like.
Appellants correctly point out that Ohtaka, Suzuki, Isono,
Horigome and Hayashi do not disclose choppers.
Trotta is the only reference relied upon by the examiner
which discloses a chopper. According to Trotta (col. 2, lines
18-27):
Another aspect of the invention is an infrared
imaging system that includes a special chopper. The
chopper has an arrangement of reflective tubes and a
means for moving the chopper in front of an infrared
detector. When the chopper is placed in front of
the detector, it causes an averaged uniform
irradiance on the detector. This irradiance permits
the detector to produce a reference signal
representing the background radiance of the viewed
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