Appeal No. 1999-0597
Application 08/592,812
is illuminated is determined by the illumination source and
not by the associated optics.
Although we agree with appellants that an area where
an image is viewable is not necessarily an area which is
illuminated in any way, we do not agree with appellants’
arguments as they relate to Faris. The light source 12 in
Faris radiates light out through levels 8, 9, 18 and 19 to the
eyes 24, 25 or to glasses 10. In theory, it is the intensity
of light source 12 which
determines how much of the space beyond the light source is
illuminated. Also in theory, the illumination from light
source 12 can reach eyes 24, 25 or glasses 10 provided the
illumination is not cut off by optical filters. We agree with
the examiner that the polarizing filters 21 in Faris determine
what areas of space are illuminated by light source 12 because
these filters determine whether light from the light source
gets to those areas. Thus, as noted by the examiner, light
from light source 12 can illuminate an area to the far right
of Faris’ Figure 5b which illumination in the same area is cut
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