Ex parte JOUBERT et al. - Page 5




          Appeal No. 2000-1201                                       Page 5           
          Application No. 08/817,825                                                  


          (Examiner’s Answer at 4-5.)  The appellants argue, "the                     
          Loiseaux et al spatial filter has no teaching or fair                       
          suggestion of the claimed tuning to a predetermined wavelength              
          relative to the suggested use of an attenuator."  (Reply Br.                
          at 2.)                                                                      


               In deciding obviousness, “[a]nalysis begins with a key                 
          legal question -- what is the invention claimed?”  Panduit                  
          Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d                   
          1593, 1597 (Fed. Cir. 1987).  Here, claim 10 specifies in                   
          pertinent part the following limitations: "at least one                     
          chromatic modulation device being tuned to a predetermined                  
          wavelength and transmitting a predetermined portion of light                
          energy which it receives at said predetermined wavelength to                
          said display screen. . . ." Accordingly, the claim requires                 
          inter alia a chromatic modulator tuned to a wavelength and                  
          transmitting a portion of light that it receives at the                     
          wavelength.                                                                 












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