Ex parte FALABELLA - Page 8




          Appeal No. 1998-2910                                                        
          Application No. 08/500,282                                                  


          "peaked" structure to be pyramid-shaped and, notably, for the               
          same reason espoused by appellant, i.e., larger enhancement,                
          or better emission characteristics.  The disclosed "peak"                   
          structure would also be suggestive of the "textured surface"                
          discussed supra.                                                            


               Since all of appellant's arguments have been treated and               
          dismissed, for the reasons supra, as being not persuasive of                
          nonobviousness in view of the prima facie case presented by                 
          the examiner, we will sustain the rejection of claims 1, 3-6,               
          9-12 and 15-20 under 35 U.S.C. § 103.                                       


               The examiner's decision is affirmed.                                   









               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
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