Appeal No. 2003-1932 Page 4
Application No. 09/436,179
method wherein the luminescent material is added to a magnesium
salt solution.
As further noted by the examiner, Tamatani discloses
(example 17) that an aqueous suspension of luminescent material
can be mixed with an aqueous suspension of magnesium oxide.
Based on those teachings of Tamatani, the examiner (answer, pages
3 and 4) has reasonably determined that one of ordinary skill in
the art in reviewing example 4 of Tamatani in light of the entire
patent document disclosure would have been led to the option of
adding water to both the magnesium salt and the luminescent
material prior to the combination thereof rather than adding all
of the water to form the magnesium salt solution with a
reasonable expectation of success in so doing. After all skill,
and not the converse, is presumed on the part of those practicing
in the art. See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771,
774 (Fed. Cir. 1985); In re Jacoby, 309 F.2d 513, 516, 135 USPQ
317, 319 (CCPA 1962).
We agree with the examiner’s interpretation of that
reference as it applies to the here claimed subject matter.
Based upon the teachings of Tamatani as discussed above, one
of ordinary skill in the art would have expected to obtain a
coated luminescent material of acceptable quality for use in a
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