Ex parte ZIMMERMAN - Page 10




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



          to be suggested for any type of display using a cathode and an              
          anode such as taught by Oess.  Therefore, we are not persuaded              
          by appellant that the examiner’s proposed combination would                 
          not work.                                                                   
          Appellant argues that the combination proposed by the                       
          examiner comes only from a hindsight reconstruction of the                  
          invention [brief, page 11].  We do not agree.  The examiner                 
          cites Kishino for the sole purpose of suggesting a plurality                
          of cathode structures for each picture element.  Kishino                    
          clearly suggests that each picture element of a display can                 
          have a variable number of emitters [see column 4, lines 65-                 
          68].  Therefore, the theory used by the examiner is clearly                 
          suggested by the applied references and is not based only on                
          hindsight.                                                                  
          Appellant argues that the rejection is wrong as a                           
          matter of fact because Figure 3 of Oess does not teach a                    
          monolithic structure as claimed [brief, page 12].  Figure 3 is              
          described as an exploded view of a portion of Figure 2 [column              
          2].  Oess discloses that “[a]s shown in FIG. 2, the structure               
          is monolithic” [column 5, line 13].  Therefore, Figure 3 is                 

                                         10                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007