Ex Parte Ozawa - Page 8


                Appeal 2006-3013                                                                                   
                Application 10/367,849                                                                             

                       power lines.  Appellant’s Figure, 22, p. 3 of Appellant’s originally                        
                       filed Specification.                                                                        
                    13. Each pixel circuit in the display shown in Appellant’s admitted prior                      
                       art contains two transistors (20 and 30) and one light emission                             
                       element (item 40).  The gate electrode of one of the transistors (30) is                    
                       at a potential corresponding to the signal supplied on the data line.                       
                       Appellant’s Figure 22.                                                                      
                    14. The load on the sig line (data line) is the capacitor and transistor (20),                 
                       where as the load on the common (power line) is the capacitor,                              
                       transistors (20 &30), and the light emitting element (40).  Appellant’s                     
                       Figure 22.                                                                                  

                                            PRINCIPLES OF LAW                                                      
                       On the issue of obviousness, the Supreme Court has recently stated                          
                that “the obviousness analysis can not be confined by a formalistic                                
                conception of the words teaching, suggestion and motivation.”  KSR Int’l                           
                Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741, 82 USPQ2d 1385, 1396 (U.S.                            
                2007).  Further, the court stated  “[t]he combination of familiar elements                         
                according to known methods is likely to be obvious when it does no more                            
                than yield predictable results.”  KSR Int’l Co. v. Teleflex Inc., 127 S. Ct.                       
                1727, 1739, 82 USPQ2d 1385, 1395 (U.S. 2007).                                                      
                       When a work is available in one field of endeavor, design incentives                        
                       and other market forces can prompt variations of it, either in the same                     
                       field or a different one.  If a person of ordinary skill can implement a                    
                       predictable variation, § 103 likely bars its patentability. For the same                    
                       reason, if a technique has been used to improve one device, and a                           

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