Appeal No. 1999-0578
Application 08/217,641
responds that the liquid crystal molecules of Fukushima are in
a spatially uniform intermediate state when the applied charge
is less than a threshold value as evidenced by Figures 22(A)-
(D). The examiner also notes that claim 1 does not require
that the intermediate state be stable [answer, page 8]. The
examiner also responds that the intermediate state in
Fukushima is the result of the product of time multiplied by
the applied voltage which is equal to charge. Appellants
respond that the intermediate state in Fukushima is dictated
by the timing of the read light and not by the amount of
applied charge [reply brief, pages 2-3].
After a careful consideration of the record in this
case, we will sustain the examiner’s rejection of claim 1. In
asserting how the phrase “spatially uniform intermediate
state” should be interpreted, appellants argue that the state
must be stable and the liquid crystal molecules in that state
must all be in the same orientation which is different from
the orientation of the molecules in the ON state and the OFF
state. Although this argument is consistent with the
disclosed invention, we agree with the examiner that during
prosecution claims are to be given the broadest reasonable
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