Appeal No. 2003-1509
Application 09/853,575
"[p]lanar light-guiding substrates and cylindrical light-guiding
substrates (i.e. optical fibers) both operate on the same
principles of total internal reflection" and are "functionally
equivalent" (FR4). The examiner concludes that one of ordinary
skill in the art would have recognized that any well known light
guide could be incorporated as a backing layer in the invention
of Crossland, such as the side-emitting optical fibers taught by
Appeldorn '643, and, hence, it would have been obvious to
incorporate an array of side-emitting optical fibers as taught by
Appeldorn '643 as a backing layer in Crossland (FR5).
Analysis
Appellants argue that Crossland does not teach or suggest
using anything other than a lightguide substrate 17 (Br6). It is
argued that there is no support for the examiner's allegation
that one of ordinary skill in the art would have recognized that
any well known light guide could be incorporated as a backing
layer in Crossland (Br8).
The examiner responds that Crossland does not teach that a
specific backing layer must be used, but finds that one of
ordinary skill in the art would have recognized that any known
light-guiding transparent substrate could be used as the backing
layer 17 in Crossland (EA4-5).
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