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                         COMMISSIONER'S DECISION

 

INOPERABLE; Dot Pattern For Cathode Ray Tubes

 

In order to form the desired color dot on a television tube face, the

light source must rotate eccentrically with respect to the tube centre

line. Claims which fail to specify this necessary requirement were

refused.

 

Final Action: Affirmed

 

This decision deals with a request for review by the Commissioner of

Patents of the Examiner's Final Action dated October 24, 1975, on applica-

tion 114,647 (Class 95-36). The application was filed on June 2, 1971,

in the name of Constant J.M. Geenen et al, and is entitled "Method And

Apparatus For Producing Cathode Ray Tube Dot Patterns."

 

This invention relates to cathode-ray tubes used in color television, and

more particularly to the manner in which color dots are formed on the

screen. The screen comprises a mosaic of circular phosphor dots adapted

to emit light of different colors when excited by an impinging electron

beam. An optical projection of a pattern of circular apertures on a

photosensitive layer is used to produce the phosphor dots. Figure 1 (below)

illustrates the apparatus to make the dots.

 

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In the Final Action the examiner rejected claims 1, 4, 5 and 6 as being

inoperable. The examiner stated (in part):

 

Allowance of claims 1, 4, 5 and 6 is refused because said claims

are inoperable. Also page 12 lines 8 and 21 to 25 and page 15

line 16 must be amended to remove references to concentric rota-

tion which is an inoperable combination.

 

The object of the disclosure invention as stated on page 10

lines 15 to 20 and original page 12 lines 1 to 5 is to provide

a method and a device with which both a rotationally symmetric

macrospopic light distribution and a microscopic light dis-

tribution having a great light intensity gradient in the penumbral

region are obtained.

 

In order to achieve this object of a large light intensity gradient

across the penunbral region of each exposed dot the light source

must rotate eccentrically with respect to an axis which is sub-

stantially perpendicular with respect to the centre of the support.

The following disclosed references recite this feature: page 12

lines 25 to 29, page is lines 7 to 11, page 14 lines 21 to 27 and

page 15 lines 1 to 8. Moreover all figures of structure show

the light source as being eccentric with respect to the axis

perpendicular to the support. It is therefore held that eccentric

rotation of the light source is an essential feature of operable

method and apparatus claims.

 

If applicant is relying on page 12, line 8 and 21 to 25 and page 15,

line 16 which either infer or recite on-axis rotation which pro-

duces the macroscopic effect of a relatively large circular

light source, it is respectfully submitted that the description

on page 12 is insufficient to be operable. Both the word "about"

on page 12, line 8 and the sentence on page 12 lines 21 to 25

are too broad in order to be operable to achieve the object defined above.

Also the words "which intersects" on page 15, line 16 are

inaccurate to achieve said object. It is held that on-axis rotation

of an elongate light source will not produce an annular light source

but will merely produce a uniform circular light source which will

not achieve a large intensity gradient across the penumbral region

of each dot exposure. In other words the small changing directivity

achieved by using the eccentric rotation of the light source is

essential to effect a large intensity gradient across the penumbral

region during the total exposure of each dot; page 12 lines 27 to 29 and

page 10 lines 3 to 6 and 15 to 20 further support such a stand.

Pages 12 and 15 of the disclosure therefore must be amended.

 

Claims 1 and 4 and dependent claims 5 and 6 include rotation of a

light source located either on-axis or off-axis and are therefore

so broad as to include the inoperable embodiment of a mere uniform

circular light source rather than the operable embodiment

of an annular light source produced by an eccentric rotation of

the light. Moreover, claim 1 appears to rely on Figures 3 and 4

which show only eccentric rotation. Likewise, claim 4 and

dependent claims 5 and 6 appear to rely on the embodiment of

Figure 5 which also shows only eccentric rotation. Claims 1 and 4

and dependent claims 5 and 6 are refused as being inoperable.

 

Applicant's response of August 28, 1975 which states on page 2,

paragraph 2 that the most important object of the invention is to

obtain rotation symmetrical light spots behind each aperture of

the shadow mask, is insufficient. In spite of the fact that the

last two examiner's reports stated that eccentric rotation was

held to be an essential feature of operable claims, applicant's

responses to these reports neither amended the claims to include

this feature nor offered any argument refuting the examiner's

position that this feature is essential to operable claims.

 

   Claims 1 and 4 and dependent claims 5 and 6 are refused as being

inoperable for not including the essential feature of eccentric

rotation. An acceptable amendment would be to add a word such as

"eccentric" before "rotation" (first occurrence) in claim 1

line 8 and a word such as "eccentrically" before "rotating" in

claim 4 line 7.

 

In his response to the Final Action dated January 15, 1976, the applicant

stated (in part):

 

   Stated as the objects of the invention at page 5 of the disclosure

is the achievement of rotation-symmetrical macroscopical and microscopical

light distributions. According to the invention, also stated on

page 5, the light source or "lamp rotates about an axis which is sub-

stantially perpendicular to the support". It is further stated that

if "the longitudinal axis of the light source (considering an elongated

source) and the axis of rotation intersect each other, a circular

light source is effectively realized in this manner". It is submitted

that it is obvious that, especially in the case of an elongated light

source which cannot be considered punctiform, there will be both

macroscopical and microscopical light distributions regardless of

whether or not the physical center of the elongated light is at the axis

of rotation. That the applicant did envisage concentric rotation of

the light source becomes obvious when the text of the disclosure beginning

at line 25 of page twelve is read where it states if the axis of the

light source and the axis of rotation do not intersect an annular

light source can be realized. It is submitted that whenever the highest

concentration of light impinges on the screen at a point not coincident

with the center of the screen a substantially annular light source

is realized.

 

   It is also evidence that no light source is perfect and a truly

punctiform light source is not attainable, hence, only by coincidence

will the maximum light concentration area on the radiated screen coin-

cide with the axis of rotation.

 

   It should now be clearly evidence that the applicant did consider

concentric as well as eccentric rotation of the light source and even

though the drawings are directed to eccentric rotation, which is the

most difficult situation to understand, concentric rotation was also

under consideration as evidenced by the disclosure referred to above

as well as that mentioned by the examiner at pages 12 and 15.

 

The examiner is believed incorrect in asking for a restriction

of the applicants' disclosure from what vas originally disclosed

since there is no authority for such a request. It is believed

that the disclosure provides the description outlining the scope

of the invention and only the claims can be restricted to cover

no more than the inventor has disclosed, but not less - unless there

is restrictive prior art.

 

Page 11, line 27 states the invention obviates the drawbacks of

the prior art and these are

 

 (a) a conical element requires an unduly long exposure time;

 

 (b) an annular or non-annular light source of large diameter

 cannot be realized by means of a conical element.

 

Concentric rotation of a light source obviates the first drawback

(a) while eccentric rotation solves the second problem. By

following the instructions of the disclosure it is possible to

achieve either or both types of rotational symmetry.

 

The question that the Board must consider is whether claims 1, 4, 5 and 6

.are inoperative to give the desired result contemplated in the disclosure.

 

Claim 1 of the application reads:

 

A method for projecting light through a pattern of substantially

circular apertures onto a photosensitive layer present on a support,

said method comprising: locating a light source facing said pattern

of apertures at the side remote from said photosensitive layer,

directing an axis of greatest light intensity of said light source

substantially to the centre of said photosensitive layer, and

imposing a continuous rotation on said light source, said rotation

having an axis of rotation which is substantially perpendicular to

the centre of said photosensitive layer.

 

   Since some of the claims are rejected as inoperable because they fail to

produce the promised result, our initial consideration will be an assessment of

the objectives of the invention as set out in the disclosure. In outlining

these objectives, found in pages 2 to 17 (inclusive), the applicant has

not clearly established the manner in which he proposes to solve the prior

art problems. This was mentioned in the examiner's report of June 17, 1975,

which stated that "the disclosure contains no clear object of invention." In

response to this report the applicant replied that "the most important object

of the present invention is, however, to obtain rotational-symmetrical light

spots behind each aperture of the shadow mask, the microscopical light

distributions."

 

Again in the Final Action the examiner reiterated his stand at paragraph 6,

which reads:

 

   The object of the disclosure [sic] invention as stated on page 10

lines 15 to 20 and original page 12 lines 1 to 5 is to provide

a method and a device with which both a rotationally symmetric

macroscopic light distribution and a microscopic light dis-

tribution having a great light intensity gradient in the penumbral

region are obtained.

 

   In order to achieve this object of a large light intensity gradient 

across the penumbral region of each exposed dot the light source

must rotate eccentrically with respect to an axis which is sub-

stantially perpendicular with respect to the centre of the support.

 

In answer to this argument, the applicant's response to the Final Action

was that "the objects of the invention [as stated] at page 5 of the disclosure

is the achievement of rotational-symmetrical macroscopical and microscopical

light distributions." The drawings only show an eccentric light arrangement

and the detailed description appearing on pages 18 to 23 indicates how the

applicant attains his desired result. Therefore, we conclude that the basic

object of the invention is to achieve a light distribution that has a large light

intensity gradient in the penumbral region of each dot exposed through each

aperture of the mask by using an eccentric rotation of the light source.

 

In his argument in response to the Final Action the applicant stresses

that he did envisage concentric rotation of the light source, and that "whenever

the highest concentration of light impinges on the screen at a point not

coincident with the centre of the screen a substantially annular light source

is realized." We agree with the applicant on these points. However, concentric

rotation does not produce the desired result, i.e. a large light intensity

gradient in the penumbral region of each dot of exposure. This result will

only be produced by eccentric rotation, which is the only embodiment shown in

the drawings and the detailed description found in pages 18 to 23 of the

disclosure. The statements of the objects of the invention (pages 2 to 17)

do not indicate any other arrangement which will achieve the promised result.

 

In the last paragraph on page 2 of his response to the Final Action the

applicant states:

 

   Page 11, line 27 states the invention obviates the drawbacks of the

prior art and these are:

 

(a) a conical element requires an unduly long exposed time;

 

(b) An annular or non-annular light source of large diameter cannot

          be realized by means of a conical element,

 

   Concentric rotation of a light source obviates the first drawback (a)

while eccentric rotation solves the second problem. (emphasis added)

 

This indicates there is agreement between the applicant and the stand taken

by the examiner, since problem b is solved by eccentric rotation. Claims 2 and

3 which include the eccentric arrangement have been indicated allowable by

the examiner.

 

Claims 1, 4, 5 and 6 are rejected as they may have rotation of the light source

Either on-axis or off-axis, and this includes the undesirable embodiment of

a uniform circular light source rather than the operable embodiment of a light

source using eccentric light rotation. In De Forest Phonofilm v Famous Players

1931 Ex. C.R. 27 @43 Maclean J states:

 

   The specification must "clearly and fully describe the

invention and its operation or use as contemplated by the

inventor" and it must "set forth clearly the various steps

in ... the method of constructing the machine, manufacture,

etc." This was an obligation of the Common Law and it is now

an obligation by Statute. If the specification uses language

which when fairly read, is avoidably obscure or ambiguous,

the patent is void, whether the defect be due to design, or

to careless ness, or to want of skill; nothing can excuse the

use of ambiguous language when simple language may easily be

employed, due allowance of course, being made where the invention

is difficult to explain and there is a resulting difficulty in

the language. If the terms of a specification are so ambiguous

that its proper construction must always remain a matter of

doubt, it is the duty of the Court to declare the patent void.

 

We note that the examiner has indicated that independent claims 1 and 4 would

be made acceptable by the insertion of the eccentric feature, and we agree

this would make them allowable.

 

The Board recommends that the decision taken in the Final Action to

refuse claims 1, 4, 5 and 6 be affirmed.

 

G.A. Asher

Chairman

Patent Appeal Board

 

I concur with the finding of the Patent Appal Board. Accordingly, I

refuse to allow claims 1, 4, 5 and 6. The applicant has six months within

which to appeal this decision under the provisions of Section 44 of the

Patent Act.

 

J.H.A. Gari‚py

Commissioner of Patents

 

Dated at Hull, Quebec

this 20th. day of October, 1976

 

Agent for Applicant

C.E. Van Steinburg

116 Vanderhoof Ave.

Toronto, Ontario

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