Appeal No. 1998-0883
Application 08/498,570
The Examiner states that the initial phases are not
identical as shown in Figures 25A and 25B (EA12). However,
the first lines in Figures 25A and 25B have the same initial
phase. It appears that the Examiner is looking at the
displacement in phases among the second, third, and fourth
line with respect to the first line rather than looking at
the initial phases, as called for by claim 1.
The Examiner attacks Appellant's statement that "Usami
appears to teach away from the present invention, because as
shown in the figures of Usami, the initial phases of the
different colors appear to all be identical" (Br5) as being
"weak and tenuous" (EA12) because of the word "appears."
The Examiner states that Appellant does not point to any
section of Usami or any particular one of the approximately
100 figures and, therefore, "Applicant's contention is
nothing but an unfounded allegation" (EA12).
It is the Examiner's responsibility to point out the
parts of Usami that are relied on and this was not done in
the Final Rejection. Therefore, the Examiner is not in a
good position to state that Appellant has not argued
persuasively. Moreover, in the same paragraph as the
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