Ex Parte Wang et al - Page 15




          Appeal No. 2003-1509                                                        
          Application 09/853,575                                                      

          a conclusion.  It is not sufficient to make up motivation, no               
          matter how plausible it may sound, without supporting the reasons           
          with factual evidence that can be reviewed.  As to the examiner's           
          claim interpretation, we may agree that the "optical switch" in             
          the preamble is not positively recited in the combination, but              
          the optical pickup optically coupled to the luminescent material            
          is recited in the body of the claim and cannot be ignored or                
          dismissed without evidence of obviousness.                                  

          New ground of rejection pursuant to 37 CFR § 1.196(b)                       
               Claims 1-3, 5, 19, and 20 are rejected under 35 U.S.C.                 
          § 103(a) as unpatentable over Crossland and Appeldorn '876.  The            
          teachings of Crossland have been previously discussed.  Appeldorn           
          '876, Fig. 10, discloses an LCD comprised of a liquid crystal               
          shutter (LCS) array 50 illuminated by a substantially parallel              
          array 46 of notched optical fibers 48 (col. 12, lines 39-44).               
          The level of ordinary skill in the art is evidenced by the                  
          references.  See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210,              
          214 (CCPA 1978) ("the PTO usually must evaluate both the scope              
          and content of the prior art and the level of ordinary skill                
          solely on the cold words of the literature"); In re GPAC Inc.,              
          57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the              
          Board did not err in adopting the approach that the level of                
          skill in the art was best determined by the references of                   

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