Ex Parte BURTON - Page 13




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

          implies that it would have been obvious to make the background              
          black if safety were not an issue.                                          
               For the reasons stated above, we conclude that the                     
          differences between Ishii and the subject matter of claim 1 would           
          have been obvious to one of ordinary skill in the art at the time           
          the invention was made.  The rejection of claims 1-8, 10, and 11            
          is sustained.                                                               
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        







                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
                                                       )                              

                                                       ))  BOARD OF PATENT            
                         LEE E. BARRETT                )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                         MAHSHID D. SAADAT             )                              
                         Administrative Patent Judge )                                



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