Ex Parte Sakumoto et al - Page 5



          Appeal No. 2004-1675                                                         
          Application No. 09/638,214                                                   

               indicating an amount of deterioration of the self-                      
               luminous display element based on the detected voltage                  
               [in claim 16]...                                                        
               a deterioration information generating circuit for                      
               generating deterioration information indicating an amount               
               of deterioration of the self-luminous display element                   
               based on elapsed time [in claim 24]...                                  
               a voltage detecting circuit for detecting a voltage drop                
               across the self-luminous display element that is driven                 
               by the constant-current driving circuit [in claim 32]...                
          What Yuyama teaches is using a photosensor for detecting “the                
          luminance of the corresponding LED, and produces a signal the                
          voltage of which depends on the detected luminance.”  See column 3,          
          lines 30-33.  In other words, Yuyama operates a voltage driving              
          circuit to depends the deterioration of the LED determined by the            
          photosensor measuring luminance.                                             
              The dispositive question here is whether the above limitations          
          recited in claims 16, 24 and 32 embrace the photosensor of Yuyama.           
          On this record, we answer this question in the negative.                     
               The appellants, like Yuyama, recognize that the luminance of            
          the LED decreases with time and the current and voltage flowing              
          through the LED affect the luminance of the LED.  Compare the                
          specification, page 3, with Yuyama, column 1, lines 56-65 and                
          column 3, lines 45-50.  The appellants, therefore, disclose four             


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