Ex Parte Stam et al - Page 7

                 Appeal 2007-2217                                                                                        
                 Application 11/231,232                                                                                  
                                                                                                                        
                 Schofield indicates, display 20 can be a variety of illuminated display                                 
                 components, including, among other things, a flat panel LCD or plasma                                   
                 display, a cathode ray tube, or an electroluminescent, light-emitting diode                             
                 display (Schofield, col. 8, ll. 42-46).                                                                 
                        This “exterior light” in the form of a display is controlled, at least in                        
                 part, by ambient light input 104 that can be supplied with a signal developed                           
                 by one or more of the image capture devices 14, 16.  This ambient light                                 
                 signal is based upon an average intensity value sensed by some or all of the                            
                 pixels in the image capture device(s) (Schofield, col. 11, ll. 26-31).  In our                          
                 view, detecting ambient light exterior to the vehicle reasonably indicates the                          
                 “status” of the ambient light (e.g., twilight or nighttime conditions).  Since                          
                 the image capture devices are used for such indication, the resulting status                            
                 indicator signal would likewise be generated as a function of at least a                                
                 portion of the detected image.  For this reason alone, representative claim 9                           
                 is fully met by Schofield.                                                                              
                        But even if we construe the claimed controlled vehicle exterior light                            
                 as being limited to vehicle lights exterior to the body of the vehicle, we still                        
                 find Schofield fully meets representative claim 9.  As indicated previously,                            
                 Schofield incorporates the disclosure of Schierbeek by reference (Schofield,                            
                 col. 11, ll. 15-20).  It is well settled that “material not explicitly contained in                     
                 [a] single, prior art document may still be considered for purposes of                                  
                 anticipation if that material is incorporated by reference into the document.”                          
                 That is, “material incorporated by reference is effectively part of the host                            
                 document as if it were explicitly contained therein.”  Liebel-Flarsheim Co. v.                          



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