Appeal No. 2000-1965
Application 09/149,616
colors having a wavelength greater than 5000 Å (i.e., colors
other than blue or violet, such as green, yellow, orange, red),
Steenblik discloses viewing green and yellow colors. It would
have been obvious to use any colors, including green and yellow,
in Ishii in view of Steenblik to get the stereoscopic effect.
Difference (3)
The weakest part of the examiner's case is with respect to
difference (3), "walls and floors that are substantially black
and reflect substantially no electromagnetic radiation."
Appellant argues that Burke mentions the use of a black
background to isolate a subject for filming, but "this reference
provides no teaching or suggestion for projecting or otherwise
placing an image against a black background reflecting
substantially no electromagnetic radiation for viewing" (Br16).
It is argued that Burke describes a method and system for
creating three-dimensional images that requires the image to be
projected onto a specially designed screen that eliminates the
need for stereoscopic lenses altogether and, thus, teaches away
from placing an image on a substantially black background for
viewing (Br17). Appellant notes that all three independent
claims require a black background that reflects substantially no
electromagnetic radiation (Br18-19).
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