Appeal No. 1998-0942
Application No. 08/324,038
claims, each of the instant claims requires that the real
image has "a luminance of less than approximately 15fL" and
that the virtual image produced from the real image has "a
dark background and shielded from ambient light reflection
perceivable through the viewing aperture in indoor and outdoor
environments." Of all of the references applied by the
examiner, the examiner relies on Nishizawa, alone, for a
suggestion of having a luminance of less than approximately
15fL. However, the examiner’s rationale that it would have
been obvious to obtain a luminance which is less than 15 feet
[sic, 15fL] "since the luminous intensity of LEDs could be
decreased from 100 to zero vs current" [answer-page 7] is not
persuasive. The examiner has failed to point to anything in
the applied references suggesting the particular luminance
claimed and the examiner’s rationale suggests that hindsight
is the only reason for the artisan to have established a real
image with a luminance of less than approximately 15fL.
Thus, the rejection of claims 1-28 under 35 U.S.C. § 103
is reversed.
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