Ex Parte NIELSEN et al - Page 12




                    Appeal No. 2001-0338                                                                                                                                  
                    Application No. 08/932,953                                                                                                                            


                    note that Appellants have argued these claims as a single group                                                                                       
                    on pages 11-14.  We will thereby treat claim 8 as the                                                                                                 
                    representative claim for this group.                                                                                                                  
                              Appellants point out that claim 8 recites "reduces said                                                                                     
                    intensity gradually."  Appellants argue that the combination of                                                                                       
                    Schoolman, Tonosaki and Ninomiya does not teach this limitation.                                                                                      
                    See page 12 of the brief.                                                                                                                             
                              In response, the Examiner shows that Ninomiya reduces the                                                                                   
                    intensity level of a display by 5% of the brightness in each                                                                                          
                    waiting period.  The Examiner points to column 9, lines 47-62.                                                                                        
                              Upon our review of Ninomiya, we find that Ninomiya does                                                                                     
                    indeed teach "control that reduces said intensity gradually" as                                                                                       
                    recited in Appellants' claim 8.  We find that Ninomiya teaches                                                                                        
                    that the reduced brightness level means a level to which the                                                                                          
                    brightness is lowered after each waiting period by 5%.  See                                                                                           
                    column 9, lines 47-67.  We find that the lowering by 5% steps                                                                                         
                    meets the claimed limitation of gradually reducing the intensity.                                                                                     
                    We note that the broadest reasonable interpretation of this                                                                                           
                    language does not require an analog reduction but could be done                                                                                       
                    with small incremental steps as taught by Ninomiya.                                                                                                   
                              Appellants argue that the Examiner does not provide a proper                                                                                
                    reason to combine the references.  Appellants argue that the                                                                                          

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