Ex parte KUGA - Page 4




              Appeal No. 1998-2464                                                                                        
              Application No.08/353,278                                                                                   


              much is clearly disclosed by the instant specification.  Moreover, skilled artisans would                   
              have no problem at all making and using the claimed invention.  Taking claim 1 as                           
              exemplary, the artisan would surely know how to provide for a light emitting layer containing               
              a fluorescent material on the back surface of a liquid crystal panel, as instructed by the                  
              subject matter of claim 1.                                                                                  
                     The claimed subject matter may be very broad in nature and, if possible, may be                      
              subject to attack by the examiner through the application of prior art.  However, the claimed               
              subject matter does not run afoul of the enablement clause of 35 U.S.C.  § 112.                             
                     The examiner’s decision rejecting claims 1-3 under 35 U.S.C.  § 112, first                           
              paragraph, is reversed.                                                                                     
                                                      REVERSED                                                            




                            ERROL A. KRASS               )                                                                
                            Administrative Patent Judge  )                                                                
                                                         )                                                                
                                                         )                                                                
                                                         )   BOARD OF PATENT                                              
                            JERRY SMITH                  )     APPEALS AND                                                
                            Administrative Patent Judge  )    INTERFERENCES                                               
                                                         )                                                                
                                                         )                                                                
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                            JOSEPH F. RUGGIERO        )                                                                   
                            Administrative Patent Judge  )                                                                

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