Appeal No. 1999-0864 Page 18
Application No. 08/757,550
and 28 specify in pertinent part the following limitations:
”the detecting a sound volume or sound of the display device
and the varying includes changing a color-tone of the
environmental image according to the sensed sound volume or
sound.” Further similarly, claim 32 specifies in pertinent
part the following limitations: “the detecting a sound volume
or sound around a user ....” Similarly, claim 34 specifies in
pertinent part the following limitations: “the detecting
includes sensing a sound volume or sound around a user ....”
Accordingly, claims 6, 18, 27, 28, 32, and 34 require, inter
alia, detecting sound or sound volume.
The examiner fails to show a teaching or suggestion of
the limitations in the prior art of record. As explained
regarding the anticipation rejection, it is uncertain whether
Yamanaka detects any conditions external to the environmental
image. As explained regarding claims 12-14, Sawachika merely
detects the brightness of outside ambient light.
Because neither Yamanaka nor Sawachika detects sound or
sound volume, we are not persuaded that the teachings from the
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