Appeal No. 2004-0699
Application 09/873,564
would have indicated to one of ordinary skill in the art that
Thornton’s light-scattering layer could improve the color
rendition of Verschueren’s discharge lamp without Verschueren’s
outer bulb having a phosphor layer, or 2) the applied references
would have fairly suggested, to one of ordinary skill in the art,
applying both of Thornton’s light-scattering layer and phosphor
layer to Verschueren’s outer bulb.
The examiner, therefore, has not carried the burden of
establishing a prima facie case of obviousness of the appellants’
claimed invention.
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