Ex parte SHIMADA et al. - Page 4




               Appeal No. 1997-0627                                                                                                 
               Application 08/266,159                                                                                               


               pixels, the examiner is of the opinion (Answer, pages 3 and 4) that “it would have been obvious to one               

               of ordinary skill in the art at the time the invention was made to modify each of the gating signal lines in         

               Figs. 1, 3 and 8 of Toshichi [sic, Maekawa] to be connected to the driving elements of a single row of               

               pixels so as to control the each row of pixels individually.”                                                        

                       We agree with appellants’ arguments (Brief, pages 13 and 14) that “two rows of pixels have to                

               be scanned simultaneously” in Maekawa, and that “data for two rows of pixels is necessary at the same                

               time.”  Thus, the modification proposed by the examiner would defeat the whole purpose of the circuits               

               of Figures 1, 3 and 8 of Maekawa.                                                                                    

                       The 35 U.S.C. § 103 rejection of claims 1, 3, 4, 13 and 14 is reversed because the examiner                  

               has resorted to impermissible hindsight to demonstrate the obviousness of the claimed invention (Brief,              

               page 18).                                                                                                            

                       Turning to independent claim 6, appellants’ admitted prior art was only relied on to show the                

               timing of signals to the driving elements.  Since the admitted prior art does not cure the noted                     

               shortcoming in the teachings of Maekawa, we will reverse the 35 U.S.C. § 103 rejection of claims 5, 6,               

               8, 10 and 15 through 17.                                                                                             

                       The 35 U.S.C. § 103 rejection of claim 9 is likewise reversed because the switching pulse                    

               teachings of Inoue likewise do not cure the noted shortcoming in the teachings of Maekawa.                           




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