Ex parte ODAKA et al. - Page 5

                  Appeal No. 1999-0392                                                                                      Page 5                        
                  Application No. 08/548,759                                                                                                              


                  line of reasoning why the structure of Kawamura would intrinsically scatter the external light.                                         
                  Since the examiner has not shown that the combination of Nishimura and Kawamura would                                                   
                  teach or fairly suggest the invention recited in independent claim 1, we will not sustain the                                           
                  rejection of claim 1 and its dependent claims 2, 3, 8, 9 and 16.                                                                        
                                                                  CONCLUSION                                                                              

                           To summarize, the decision of the examiner to reject claim 1-3, 8, 9, 16 and 17 under                                          
                  35 U.S.C. § 103 is reversed.                                                                                                            
                                                                    REVERSED                                                                              




                                             JERRY SMITH                                           )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOSEPH L. DIXON                                       )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             MAHSHID D. SAADAT                                     )                                                      
                                             Administrative Patent Judge                           )                                                      


                  jld/vsh                                                                                                                                 








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