Appeal No. 96-1619
Application 08/263,015
cert. denied, 488 U.S. 825 (1988); Ashland Oil, Inc. v. Delta
Resins & Refractories, Inc., 776 F.2d 281, 293, 227 USPQ 657,
664 (Fed. Cir. 1985), cert. denied, 475 U.S. 1017 (1986); ACS
Hospital Systems, Inc. v. Montefiore Hospital, 732 F.2d 1572,
1577, 221 USPQ 929, 933 (Fed. Cir. 1984). These showings by
the examiner are an essential part of complying with the
burden of presenting a prima facie case of obviousness. Note
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992).
Kuhlman teaches the making of a shield for the
faceplate of a cathode ray tube. The shield of Kuhlman is
made from a plastic material composed of polycarbonate or
acrylic having a thickness between 1 and 50 mils (.0254mm to
1.27mm). The plastic material is coated with a filter layer
and a conductive layer. The coated material is then thermally
formed to conform to the specific dimensions of a desired
faceplate. Kuhlman does not disclose the manner of attaching
the formed shield to the faceplate of a CRT.
Dickie and Moritz were cited by the examiner as
examples of using a bezel to affix a shield to the faceplate
of a CRT. It is the position of the examiner that the Kuhlman
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