Appeal No. 2006-0996
Application No. 10/162,516
changes in ∆ and Θ as a function of time. The wavelengths 2.8 eV
and 3.3 eV were selected because traces with observable changes in
∆ and Θ over time are also obtained when these wavelengths are
monitored [column 5, lines 18-26]. Even if these observable
changes in ∆ and Θ are only a function of the inherent properties
of the materials used, one does not know what wavelengths to
monitor until the property has been previously observed. Note that
Lee discloses that “there are other wavelengths which satisfy these
parameters” [id., lines 27-28]. We are still of the view that the
wavelengths to be selected for monitoring in Lee are only
determined after observations are made that identify which
wavelengths have the observable changes in ∆ and Θ. The act of
selecting as taught by Lee is based on some prior knowledge which
we interpret to be a prior observation.
We have granted appellants' request to the extent that we have
reconsidered our decision of May 15, 2006, but we deny the request
with respect to making any changes therein.
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