Ex parte HOU - Page 10




             Appeal No. 1997-1515                                                                                 
             Application 08/361,891                                                                               


             makes the surfaces of the particles wet and sticky such that                                         
             bridging is facilitated under the applied electric force (col.                                       
             2, lines 29-36).  The examiner has not explained, and it is                                          
             not apparent, why a dispersion containing particles which have                                       
             such a characteristic would be suitable for use in an                                                
             electrophoretic display as required by appellant’s claim 49.                                         
             We note that even if the Ahmed process prior to the water                                            
             doping step is considered, the examiner has not explained, as                                        
             discussed above, why Ahmed would have fairly suggested, to one                                       
             of ordinary skill in the art, a process including the steps                                          
             recited in appellant’s claim 49 of introducing and                                                   
             polymerizing a second monomer and a functional monomer such                                          
             that a fluid is produced which is suitable for use in an                                             
             electrophoretic display, and of separating the particles from                                        
             the dispersion medium and dispersing the particles in a                                              
             dielectric nonpolar solvent.                                                                         
                    For the above reasons, the examiner has not set forth a                                       
             factual basis which is sufficient to support a conclusion of                                         
             obviousness of the invention recited in appellant’s claim 49.                                        
             Consequently, we reverse the examiner’s rejection of this                                            
             claim and the dependent claims.                                                                      
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