Appeal No. 1998-0936
Application 08/369,011 Page 6
From our review of Auerbach, we find that the IRLEDs are
simultaneously driven. Further, although Auerbach teaches (col.
8, lines 12-15) that groups of LEDs are lit in sequence to
transmit information, Auerbach does not teach sequential lighting
of individual IRLEDs. Accordingly, we agree with appellants
(reply brief, page 2) that "the phases of the square-waves do not
energize the LEDs in sequence, rather, they transmit
information."
We are not persuaded by the examiner's assertion (answer,
page 7) that "[h]owever, even though it is true [that Auerbach
lights the three diodes simultaneously], it does [not] means
Auerbach can not light these didoes [sic: diodes] (202,204, 206)
individually and sequentially when he light these didoes [diodes]
(202, 204, 206) simultaneously." (See also answer, page 8). We
find that the examiner's assertion does not directly address the
issue of whether Auerbach teaches the claim limitation of
"sequentially pulsing said IRLEDs with pulse trains so as to
cause the IRLEDs to individually and sequentially emit modulated
infrared light signals” as recited in each of the independent
claims. Because the examiner has not provided a showing that in
Auerbach, the circuit sequentially pulses the IRLEDs to cause the
IRLEDs to individually and sequentially emit modulated infrared
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