Appeal No. 2004-0024
Application No. 09/249,922 Page 14
temperatures disclosed. It is further argued (reply brief, page
11) that the examiner has improperly combined the teachings of
Gaus, Cockram and Graham using hindsight.
From our review of Graham, we find that Graham discloses
(col. 1, lines 34-37) that halide condensation, particularly in
lower wattage lamps, can significantly reduce efficacy and
increase color temperature to unacceptable levels. We further
find that in all three tables provide, that Graham only discloses
the color temperature to be 3,800/ Kelvin. We agree with the
examiner (answer, page 4) that Graham discloses (col. 6, lines
53-57) that “[i]t has been determined that in using the metal
halides, sodium iodide and scandium tri-iodide, the percentage by
weight of these additives is important in optimizing efficacy and
controlling color temperature of the lamp.” From this disclosure
of Graham, we find that the mixture of the additives to be a
result effective variable. This accords with the general rule
that discovery of an optimum value of a result effective variable
(in this case, the optimum color temperature) is ordinarily
within the skill of the art. See In re Boesch, 617 F.2d 272,
276, 205 USPQ 215, 219 (CCPA 1980) and In re Aller, 220 F.2d 454,
456, 105 USPQ 233, 235 (CCPA 1955). As stated in In re Huang,
100 F.3d 135, 139, 40 USPQ2d 1685, 1688 (Fed. Cir. 1996):
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