Appeal No. 2004-1675
Application No. 09/638,214
embodiments for solving this problem. See the specification in its
entirety. One of the four embodiments described in the
specification is directed to employing an optical sensor for
detecting the luminance of the self-luminous display element to
maintain constant luminance. See the specification, page 3. This
embodiment, according to the appellants, is distinct from the other
three embodiments, i.e., the deterioration information generating
and voltage detecting circuits, recited in claims 16, 24 and 32.
See the specification in its entirety. Thus, having interpreted
the deterioration information generating and voltage detecting
circuits recited in claims 16, 24 and 32 consistent with the
specification, we are constrained to agree with the appellants that
such circuits do not embrace the photosensor of Yuyama within the
meaning of 35 U.S.C. § 102(e).
We also note that in addition to the examiner’s Section 102(e)
rejection above, the examiner relies on the disclosures of Yuyama,
Nakamura and Asai to establish obviousness of the subject matter
recited in certain dependent claims. As such, the examiner does
not provide any explanation why these references would have
rendered the deterioration information generating and voltage
detecting circuits recited in independent claims 16, 24 and 32
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