Ex Parte Nolte et al - Page 2



               Appeal 2007-0563                                                                             
               Application 10/001,940                                                                       
           1          Montgomery               US 5,696,533       Dec.  9, 1997                             
           2          Iwamura                 US 5,945,976       Aug. 31, 1999                             
           3                                                                                                
           4          Claims 1-38 stand rejected under 35 U.S.C. § 103(a) as being                          
           5   unpatentable over Iwamura in view of Montgomery (Final Rejection 3 and                       
           6   Answer 3).                                                                                   
           7          B.  Issue                                                                             
           8          There are two issues before us as follows:                                            
           9          1)  The first issue is has the Examiner failed to sufficiently                        
          10   demonstrate that either Iwamura or Montgomery teaches “a color value                         
          11   stored for each pixel in the display device” or “stored a respective color                   
          12   value for each pixel in the display device” as required by claims 1-10 or                    
          13   claim 37 respectfully?                                                                       
          14          2)  For all other independent claims (and those claims that depend on                 
          15   the other independent claims), has the Examiner failed to sufficiently                       
          16   demonstrate that there is a legal basis for combining Iwamura and                            
          17   Montgomery?                                                                                  
          18          For the reasons that follow, the Examiner has failed to sufficiently                  
          19   demonstrate that there is a legal basis for rejecting claim 1 (also dependent                
          20   claims 2-10) and claim 37 based on the combination of Iwamura and                            
          21   Montgomery, but has sufficiently demonstrated that there is a legal basis for                
          22   combining Iwamura and Montgomery for all other involved claims.                              

                                                                                                            
               is Critical Reach, Inc.                                                                      
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