Appeal No. 2000-1965
Application 09/149,616
copyright is 1995/2000 and it is not known, and we have not been
able to determine, what date the disclosures are entitled to.)
Appellant filed a Declaration by Glenn A. Lewis (Paper
No.19), President of After Five, Inc., the assignee and real
party in interest. Mr. Lewis states (declaration, p. iii-iv):
4. In the summer of 1996, John Burton began
experimenting with three-dimensional illusions for
Industrial Nightmare, specifically three-dimensional
illusions based on the use of stereoscopic lenses
(ChromaDepthTM glasses) to alter the perceived depth of
objects based on their wavelength.
5. Maniac Maze was first opened to the public on
Friday, September 13, 1996. There were no public
disclosures of the technology in issue prior to the opening
of Maniac Maze.
We accept that there was no public use based on these facts.
Factual findings
Ishii discloses an amusement device comprising a tubular
passage reflecting ultraviolet rays from a picture drawn on the
inner wall surface of the dark interior of the tubular passage
with fluorescent substance (e.g., col. 2, lines 40-46; col. 3,
lines 34-46). Because Ishii discloses that the interior of the
passage is "dark," except as illuminated by the ultraviolet
light, and because Ishii discusses a technique which can be used
with an "opaque" tube (col. 1, line 48), such as stainless steel
or concrete (col. 5, lines 8-10, the passage of Ishii is
considered to be "an enclosed room that is substantially sealed
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