Ex parte KUSUNOKI et al. - Page 5




          Appeal No. 96-3843                                                          
          Application No. 08/430,144                                                  


          distinguishes since Libman does not disclose a layer but                    
          rather spaced reflective particles.”  Although the color                    
          filter in Libman is made of a “shallow, random, clumped,                    
          discontinuous, open dispersion of contrast-enhancing                        
          particles” (column 7, lines 35 through 39), the color filter                
          is still in the form of layers or elongate strips, albeit                   
          porous layers or strips.  Nothing in the claims on appeal                   
          precludes a porous filter.                                                  
               Appellants also argue (Brief, page 5) that “Libman does                
          not disclose a filter coating film which transmits light of                 
          the color of its corresponding phosphor.”  As indicated supra,              
          each of the color filters 98, 100 and 102 is of a color that                
          corresponds to the color of the light emitted by the                        
          corresponding phosphors.  Libman states (column 8, lines 47                 
          through 51) that the light from the phosphors is transmitted                
          through openings 112 in the dispersion of pigment particles in              
          the color filters 98, 100 and 102.  Nothing in the claims on                
          appeal precludes the transmission of light through openings in              
          each of the color filter layers.                                            
               In view of the presence of a color filter layer in                     


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