Appeal No. 1998-0942
Application No. 08/324,038
converting incandescent lighting structures to
electroluminescent illumination structures. We find no
relevance in this reference to the virtual image display of
the instant claimed invention and we find nothing within the
teachings of Sniff which would provide for the deficiencies,
noted supra, with regard to Nishizawa.
Accordingly, we will not sustain the rejection of claims
1-8, 10-22, 24-26 and 28 under obviousness-type double
patenting.
Similarly, we will not sustain the obviousness-type
double patenting rejection of claims 9, 23 and 27 over claims
16, 17, 21, 24, 31 and 32 of Application Serial No. 08/231,570
[now U.S. Patent No. 6,157,353] in view of Nishizawa, Sniff
and Honma. Claims 9, 23 and 27 are dependent claims and the
additional reference to Honma does not provide for the
deficiencies, noted supra, of the other references.
For similar reasons, we also will not sustain any of the
rejections under 35 U.S.C. § 103. Although the examiner
applies many references, in various combinations, against the
9
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