Ex parte AYERS et al. - Page 12




                     Appeal No. 1998-2606                                                                                                                                              
                     Application 08/446,415                                                                                                                                            


                                As to claims 18 and 20, the incandescent lamp 38 in Fales                                                                                              
                     and those lamps shown in Long clearly are a diffusing light                                                                                                       
                     source as claimed.  The shroud 40 as well as the overhanging                                                                                                      
                     part of the disc 30 provide the light box of dependent claim                                                                                                      
                     19.  Therefore, the subject matter of claims 18 through 20 on                                                                                                     
                     appeal would have been obvious to the artisan.                                                                                                                    
                                We do not sustain the rejection of independent claim 21                                                                                                
                     under 35 U.S.C.  103 for the same reasons we have reversed                                                                                                       
                     the rejection of dependent claim 3 since claim 21 recites the                                                                                                     
                     same "light absorbing shield" as recited in claim 3.  Also,                                                                                                       
                     the art relied upon by the examiner, Long and Fales, does not                                                                                                     
                     teach or suggest the claimed light emitting diode required of                                                                                                     
                     claim 21.          1                                                                                                                                              
                                Page 9 of the brief indicates that appellants have not                                                                                                 
                     argued the particulars of dependent claim 9 and the rejection                                                                                                     
                     of this claim on the basis of the combined teachings and                                                                                                          
                     showings of Long, Fales and Ikeda.  Therefore, the rejection                                                                                                      
                     of this claim is sustained.                                                                                                                                       


                                1 We note in passing that "said light source" in claim 21                                                                                              
                     does not have any antecedent basis, but appears to be                                                                                                             
                     referring to the claimed "light emitting diode".                                                                                                                  
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