Appeal No. 1998-0942
Application No. 08/324,038
perceivable through the viewing aperture in indoor and outdoor
environments." Independent claim 10 further requires that the
magnification produced by the optical system be "more than
approximately 10x." Moreover, dependent claim 27, for
example, requires that each pixel in the LED array utilizes
"less than approximately 50A of current in an ON condition."
None of these additional limitations are in the patented
claims and the examiner recognizes this. Thus, the examiner
turns to Nishizawa for a teaching of a display comprising a
plurality of LEDs wherein the luminance of the LEDs is
proportional to the value of the current flowing therethrough.
From this, the examiner concludes that it would have been
obvious "to obtain the luminance of LEDs which is less than 15
feet [sic, fL] since the luminous intensity of LEDs could be
decreased from 100 to zero vs current" [answer-page 4;
emphasis ours].
The examiner’s reasoning is faulty since there is no
suggestion within Nishizawa for having a real image luminance
of "less than approximately 15fL," as claimed. Yes, it is
possible that the luminance in Nishizawa could be decreased to
7
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