Appeal 2007-3363
Application 10/342,711
(2) by increasing the intensity of the stimulating radiation. (Takahashi 4: 1-
44.)
Takahashi advises that when the panel is colored, the wavelengths that
the phosphors emit should be different than the wavelength of the
stimulating radiation, and uses the example of stimulating rays with
wavelengths from 500-800 nm. For this wavelength range, the pigments
should be blue to green. (Takahashi 6:1-25.) Several specific organic and
inorganic pigments are listed, all twenty of which are also listed in Agfa's
specification as examples of "blue" pigments. (Compare Takahashi 6:25-53
with Spec. 4:30-5:19.)
Powell teaches an X-ray imaging screen. (Powell 1:6-7.) Powell's
relevant teachings bolster the teachings in Takahashi. Like Takahashi,
Powell recommends using stimulating radiation outside the visible range
(ultraviolet and infrared) with complementary pigments to avoid absorbing
the visible light emitted from the phosphors. (Powell 1:51-58 and 10:14-23.)
Agfa argues that Powell is not analogous art because it only discusses
storage phosphors in one place, albeit to say that they face problems similar
to those Powell faces. (Br. 10, citing Powell 1:64-69.) In fact, the preceding
paragraph in Powell discusses storage phosphor screens and even cites a
different patent to Kenji Takahashi. (Powell 1:44-63.)
Prior art is analogous if it lies in the same field as the claimed subject
matter or if it addresses a similar problem to the one facing the inventor. In
re Bigio, 381 F.3d 1320, 1325, 72 USPQ2d 1209, 1212 (Fed. Cir. 2004).
The principal teaching of Powell for the purposes of this appeal is the use of
a selective pigment to absorb stimulating radiation but not absorb light
emitted by the phosphor. This teaching is the same approach taught in
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