Appeal 2006-2726
Application 10/213,507
mechanism for the exciter filters E1 and E2 in Hanamura would not be
capable of providing at least some unfiltered light along with light filtered
by either exciter filter.
We recognize that if the Examiner’s proposed modification renders
the prior art unsatisfactory for its intended purpose, the Examiner has failed
to make a prima facie case of obviousness. See In re Gordon, 733 F.2d 900,
221 USPQ 1125 (Fed. Cir. 1984). But by appropriately mounting a
pivotable mechanism such as that suggested by Stankewitz with respect to
the light path in Hanamura, the skilled artisan would have recognized that
either filtered or unfiltered light could be obtained by inserting either filter
E1 or E2 into the light path, or none at all. In our view, utilizing such a
mechanism would hardly have rendered Hanamura unsatisfactory for its
intended purpose.2
The Examiner’s rejection of independent claims 11 and 15 is therefore
sustained. Since Appellants have not separately argued the patentability of
dependent claims 13, 21, 22, 24, 26, 27, 29, and 30, these claims fall with
2 We also note that Stankewitz in Figs. 2a and 2b discloses an alternative
embodiment that translates a rod 10’ with respect to a light path such that
optical components mounted on the rod 10’ are inserted into and retracted
from the light path (Stankewitz, col. 2, l. 63 – col. 3, l. 6). Although rod 10’
does not pivot, we see no reason why the skilled artisan would not have
applied such a teaching to a pivotable rod (e.g., rod 10 in Figs. 1a-1b) to
translate the entire assembly (i.e., pivotable rod 10 and components mounted
thereon) to and from a location adjacent the light path. Translating the entire
pivotable assembly would also ensure transmission of unfiltered light (i.e.,
by translating the pivotable assembly away from the light path as suggested
in Fig. 2a) in addition to light filtered by either filter (by disposing the
pivotable assembly adjacent the light path as suggested in Fig. 2b).
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