Appeal No. 2000-1965
Application 09/149,616
The examiner responds (EA9):
Ishii discloses that the images that are viewed are on a
dark background that reflects substantially no
electromagnetic radiation (column 3, lines 45-55; Ishii),
which serves to isolate the image from the surroundings.
Using a black background as a dark background that reflects
substantially no electromagnetic radiation is [sic, was]
well known, as shown by Burke. Burke teaches that the black
background is useful for isolating an image (column 8,
lines 20-21; Burke) and thereby accentuating the image/-
pattern. The isolating of the image in Burke acts as
motivation for combining the teaching of Burke of the black
background with the teachings of Ishii in order again to
accentuate the image/pattern and to make the ride more
fantastic.
The examiner states that Burke is used solely for teaching using
a black background to isolate an image (EA10).
Ishii discloses that the surface of the passage reflects the
ultraviolet rays to achieve a uniform illumination for the
background (e.g., col. 3, lines 34-53; col. 5, lines 13-24).
Thus, we disagree with the examiner's finding that Ishii
discloses a dark background that reflects substantially no
electromagnetic radiation.
We think there must be many other references which would
better teach the obviousness of using a black background to make
the patterns stand out for viewing under the ultraviolet light in
Ishii. Paintings on black velvet and blacklight (Day Glo)
posters from the 1960s come to mind. Indeed, the claims would
cover looking at a black velvet picture or a blacklight poster
under a blacklight in a darkened room with the Steenblik lenses
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