Appeal No. 2000-1965
Application 09/149,616
i.e., enhance the 3-D effect (column 2, lines 35-36, Steenblik)
so the pattern of Ishii will be more fantastic" (FR3).
With respect to difference (3), the examiner finds that
Burke discloses that having images on a black background was well
known and concludes that it would have been obvious to make the
walls and floors of Ishii black to isolate the pattern (FR3-4).
Analysis
Difference (1)
Appellant argues that there is no motivation for the
combination outside of appellant's disclosure and that regardless
of the propriety of the combination, such combination would not
yield the invention recited in the claims (Br13). It is first
argued that there is no suggestion in Ishii for providing the
rider with stereoscopic lenses as taught by Steenblik and,
similarly, although Steenblik discloses the preferred
stereoscopic lenses, Steenblik does not suggest the creation of
false three-dimensional images by forming patterns in an enclosed
room on a substantially black background that reflects
substantially no electromagnetic radiation (Br14-15). It is
argued that the examiner's motivation, that both Ishii and
Steenblik are directed to creating stereoscopic images, is not
persuasive because Ishii is not a "true" stereoscopic process and
uses the term "stereoscopic" in a different context (Br15).
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