Appeal No. 1999-1925
Application No. 08/649,887
convected power of 240 mg /cm and that it would have been2 2
obvious to achieve 200 mg /cm because "discovering an optimum2 2
value of a result effective variable involves only routine
skill in the art." However, the examiner uses appellants'
achievement of a brightness level of over 60,000 lumens per
centimeter for a low convected power as an indication that
convected power is a result effective variable. As it is well
settled that appellants' disclosure of the invention may not
be used to establish a prima facie case of obviousness, and
the examiner has provided no evidence that convected power was
known in the art to be a result effective variable,
optimization of such would not have been obvious.
Accordingly, the examiner has failed to establish a prima
facie case of obviousness, and we cannot sustain the rejection
of claims 1 through 7.
The examiner rejects claim 8 over Mathews in view of de
Vrijer and Parham. However, as claim 8 depends from claim 1,
7
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