Ex parte ZIMMERMAN - Page 12




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



          the rejection of claims 27 and 28, we sustain the rejection of              
          these claims as formulated by the examiner.                                 
          We now consider the rejection of claims 13 and 14                           
          under 35 U.S.C. § 103 as unpatentable over Kishino and                      
          Shmulovich.  The examiner cites Kishino as teaching a display               
          screen having a transparent face plate, a conductive layer and              
          a phosphor layer.  The examiner notes that Kishino does not                 
          disclose the presence of pockets filled with the conductive                 
          and phosphor layers [answer, page 4].  The examiner cites                   
          Shmulovich as teaching the pocket recitations of independent                
          claim 13 and contends that it would have been obvious to                    
          modify the Kishino face plate to have pockets as taught by                  
          Shmulovich [Id.].                                                           
          Appellant argues that Shmulovich uses a reflective                          
          conductive layer rather than the transparent conductive layer               
          as recited in claim 13 [brief, pages 16-17].  The examiner                  
          responded to this argument by stating that “it would have been              
          obvious to one of ordinary skill in the art to use a                        
          transparent conductive layer in the modified display device of              
          Kishino and Shmulovich since the modified display device is a               

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