Appeal No. 2001-2124
Application No. 09/416,914
lines 15-20. The phosphors utilized by Hase in one embodiment have grain size in the range
of several microns to several tens of microns. See column 17, lines 48-52. Among the
examples wherein grain size of the phosphor is disclosed, we find a grain size of 8 microns,
Example 9; 9 microns, Example 12; 8 microns, Example 13; and 9 microns, Example 14.
Based upon the above considerations, we further conclude, that the examiner has
established a prima facie case of obviousness against the claimed subject matter. In our view,
the prior art would have suggested to those of ordinary skill in the art to have chosen a
phosphor particle having a particle size within the scope of the claimed subject matter, i.e., 1
to 100 microns as the pigmented phosphor of Schulze, because these sizes are the usual and
customary sizes utilized in the preparation of pigmented phosphor particles. Furthermore, as
each of the references is directed to a pigmented phosphor, there are both ample motivation
and a reasonable chance of success in choosing the particle size disclosed by Aihara and Hase
respectively. We further conclude, that the prior art has revealed that in so making or
carrying out, those of ordinary skill in the art would have had a reasonable expectation of
success. See In re Vaeck, 947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
Accordingly, the teachings and disclosure of the combined references of Schulze,
Asihara and Hase are sufficient to establish a prima facie case of obviousness with respect to
claims 1-6 and 9-12.
The Rejection under § 103(a) of claims 7 and 8
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