Appeal No. 1999-2450 Page 7
Application No. 08/812,222
in pertinent part the following limitations: "color filters
being associated with the pixelelements (16) for obtaining
groups (G) of adjacent pixelelements (16) representing
different colors enabling display of a color picture,
characterized in that the display device is adapted to
comprise groups (G) of pixelelements (16) each being
constituted with a common data electrode (18) ...."
Accordingly, the claims require inter alia associating a group
of pixels representing different colors with a common data
electrode.
The examiner fails to show a teaching or suggestion of
the limitations in the applied prior art. "’A prima facie
case of obviousness is established when the teachings from the
prior art itself would appear to have suggested the claimed
subject matter to a person of ordinary skill in the art.’" In
re Bell, 991 F.2d 781, 782, 26 USPQ2d 1529, 1531 (Fed. Cir.
1993) (quoting
In re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA
1976)). “The Patent Office has the initial duty of supplying
the factual basis for its rejection. It may not ... resort to
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