Appeal No. 1999-1687 Page 9
Application No. 08/152,102
the teachings of Mizushima of having a color picture display
panel where the display of an image is produced by
individually controlling the display and intensity of the
LEDs. We find that Mizushima discloses (pages 2 and 3) a
color picture display panel constructed from multiple luminous
picture elements. The luminous elements emit the primary
colors of red, green and blue. The color to be emitted from
each luminous element, and the intensity of the color, is
individually controlled. In Mizushima, the color picture
display panel is not disclosed as being flexible. We make
reference to the examiner's answer (pages 5 and 6) for the
examiner's findings with respect to Havel, which have not been
contested by appellants.
From the teachings of Mizushima, Scheib, and Havel, we
agree with appellants that one of ordinary skill in the art
would not have been taught to have modified the display of
Mizushima, to provide a two dimensional color display with a
periodically thinned flexible substrate.
The Federal Circuit has stated that "[t]he mere fact that
the prior art may be modified in the manner suggested by the
Examiner does not make the modification obvious unless the
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