Appeal No. 2003-1509
Application 09/853,575
We affirm, but enter a new ground of rejection.
BACKGROUND
The invention relates to a display device and method having
a luminescent material irradiated by energy propagated from the
side of an optical fiber, and this device in combination with an
optical pickup which communicates with the luminescent material.
Claim 1 is reproduced below.
1. A combination comprising:
an optical fiber containing a notch; and
a luminescent material;
wherein said notch is configured so as to direct
radiant energy within the fiber toward the luminescent
material.
The examiner relies on the following references:
Appeldorn et al. (Appeldorn '643) 5,659,643 August 19, 1997
Crossland et al. (Crossland) WO 95/27920 October 19, 1995
(PCT application)
Claims 1-5, 19, 20, and 43 were finally rejected under the
judicially created doctrine of obviousness-type double patenting
over claims 1-40 of U.S. Patent 6,307,987. The rejection is not
repeated in the examiner's answer and could be considered
withdrawn. See Ex parte Emms, 118 USPQ 180, 181 (Bd. App. 1957);
Manual of Patent Examining Procedure (MPEP) § 1208 (8th ed. Aug.
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