Ex parte ZIMMERMAN - Page 8




          Appeal No. 97-1932                                                          
          Application 08/028,047                                                      



          The examiner basically relies on Oess for teaching all                      
          the features of independent claim 25 except for the plurality               
          of sharply-pointed cathode structures for each picture                      
          element.  Oess discloses a single “sharply-pointed” cathode                 
          structure for each picture element.  Kishino teaches the                    
          desirability of using a plurality of sharply-pointed cathode                
          structures for each picture element.  In the examiner’s view,               
          it would have been obvious to incorporate Kishino’s plural                  
          cathode structure into Oess’ display device.                                
          Appellant argues that the rejection is wrong as a                           
          matter of law because Oess is not directed to field emission                
          displays and the combination of Oess with Kishino would                     
          degrade the performance of the Oess display [brief, pages 9-                
          10].  The examiner disagrees with both of these contentions.                
          We are not persuaded by either of appellant’s arguments for                 
          reasons which follow.                                                       
          With respect to the first point argued by appellant,                        
          we do not agree that the combination of Oess and Kishino                    
          hinges as a matter of law on whether Oess is directed to an                 
          FED.  The question is whether Oess and Kishino are                          

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