Ex Parte BURTON - Page 9




          Appeal No. 2000-1965                                                        
          Application 09/149,616                                                      

               The examiner replies that Ishii and Steenblik use similar              
          techniques for creating stereoscopic images and "it is clear it             
          would have been obvious . . . to combine the images and the                 
          stereoscopic lenses of Steenblik with the amusement device of               
          Ishii in order to increase the depth and realism of the images              
          disclosed in Ishii and make them appear more fantastic" (EA8).              
          The examiner states that Ishii states that a 3-D effect is                  
          created so it must have the necessary structure (EA8).  The                 
          examiner further finds the motivation in Steenblik (EA9).                   
               We find that Steenblik's disclosure that the stereoscopic              
          process "may be applied to any type of color image" (col. 2,                
          line 24) constitutes a general suggestion to use the stereoscopic           
          glasses to view any kind of colored image to see a stereoscopic             
          effect.  Thus, we agree with the examiner that it would have been           
          obvious to use the stereoscopic lenses in Steenblik to view the             
          patterns in Ishii.  Ishii provides complementary motivation in              
          that desires the viewers to experience a "stereoscopic fantastic            
          space" (col. 3, lines 54-55) and anything that would further that           
          goal would be desirable.  It does not make any difference whether           
          Ishii itself is a "true" stereoscopic process.                              
               Difference (2)                                                         
               As to difference (2), "said pattern comprising at least one            
          portion having a color with a wavelength greater than                       
          approximately 5000 Å," although it expected that Ishii would use            

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