Appeal No. 1999-0578
Application 08/217,641
invention as well as disclosing structure which is capable of
performing the recited functional limitations. RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221
USPQ 385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228
(1984); W.L. Gore and Associates, Inc. v. Garlock, Inc., 721
F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert.
denied, 469 U.S. 851 (1984).
The examiner has indicated how he reads the invention
of claim 1 on the disclosure of Fukushima [answer, page 4].
Appellants argue that Fukushima does not disclose a spatially
uniform intermediate state. Appellants argue that a spatially
uniform intermediate state requires that the liquid crystal
molecules attain a stable state in which the orientation of
the molecules are all the same but not the same as one of the
stable (ON and OFF) states [brief, pages 4-5]. Appellants
note that Fukushima’s intermediate state is not a stable state
and therefore is not a spatially uniform intermediate state as
claimed [id., page 7]. Appellants also argue that the
intermediate state in Fukushima is not dependent upon the
applied charge as claimed [id., page 9]. The examiner
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