Appeal No. 2003-0018
Application No. 09/035,431
plates,
a controller that is configured to provide a driver voltage
that is dependent on an indication of temperature of the electro-
optical display medium, to compensate for changes in said
temperature, and
a temperature sensor that
provides a digitized temperature value as the indication
of the temperature of the electro-optical display medium, and
is arranged on one of the supporting plates.
The examiner relies on the following references:
Nash 5,029,982 Jul. 09, 1991
Endo 5,852,430 Dec. 22, 1998
(filed Apr. 09, 1996)
Takasu et al. (Takasu) 6,067,062 May 23, 2000
(filed Aug. 23, 1991)
Claims 1-8 stand rejected under 35 U.S.C. § 103. As
evidence of obviousness, the examiner offers Endo and Nash with
regard to claims 1, 3, 7 and 8, adding Takasu with regard to
claims 2 and 4-6.
Reference is made to the briefs and answer for the
respective positions of appellant and the examiner.
OPINION
In rejecting claims under 35 U.S.C. § 103, it is incumbent
upon the examiner to establish a factual basis to support the
legal conclusion of obviousness. See In re Fine, 837 F.2d 1071,
-2–
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