Appeal No. 2000-2208
Application No. 08/874,287
projected photographic image to be a fact “capable of instant and
unquestionable demonstration as being ‘well-known’ in the art.”
Turning now to Schumacher, we find that the reference
defines the aspect ratio of the display area and not that of the
individual pixels as argued by the Examiner (answer, page 6).
There is, in fact, nothing in Schumacher that directs us to the
shape of each cell as being rectangular with an aspect ratio of
3:4, nor any disclosure related to unequal distances between
pixels in the vertical and horizontal directions. In our view,
the Examiner’s conclusion that the 256 pixels in each of the 192
lines in the display area corresponds to the claimed
“automatically compensates for unequal physical distance between
pixels in the vertical and horizontal direction”, is based on
unwarranted conjecture and speculation that are not supported by
any disclosure in prior art. In order for us to agree with the
Examiner’s position, we would need to improperly resort to
speculation or unfounded assumptions to supply deficiencies in
the factual basis of the rejection. In re Warner, 379 F.2d 1011,
1017, 154 USPQ 173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057
(1968), reh’g denied, 390 U.S. 1000 (1968).
We agree with Appellant’s assertion (brief, page 8) that
the combination of Nonami and Schumacher fails to teach or
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