Ex Parte da Cunha et al - Page 6

                Appeal 2007-0961                                                                                 
                Application 10/264,131                                                                           
                image, is not permanent in the reference.  Indeed, the image can be erased.                      
                Daniel 6:1-2.                                                                                    
                       We have considered all of Appellants’ arguments in response to the                        
                rejection of claim 9 over Daniel, but are not persuaded that the finding of                      
                anticipation is in error.  We sustain the rejection of claim 9.  Claim 11 falls                  
                with claim 9, as Appellants rely on substantially the same arguments for that                    
                claim.  See 37 C.F.R. § 41.37(c)(1)(vii).                                                        

                       Claims 1-8 and 14 -- § 103(a) over Daniel and Lys                                         
                       Instant claim 1 stands rejected under § 103(a) as unpatentable over                       
                Daniel and Lys.  The rejection asserts that Daniel fails to disclose a “digital”                 
                circuit, and relies on Lys for such a teaching.  We have studied Daniel,                         
                however, and do not find where the reference teaches pulse density capture                       
                circuits for receiving a pulse train signal indicative of a desired brightness or                
                hue and for responding to an individual associated one of control circuits to                    
                facilitate driving an individual associated one of the emitters on and off at a                  
                determined duty cycle to produce the desired brightness or hue.  The                             
                rejection (Answer 6) cites to multiple portions of Daniel for the teaching of                    
                the pulse density capture circuits, apparently adding Lys merely for the                         
                teaching of pulse density capture “digital” circuits.  The rejection does not                    
                specify where in the cited portions of Daniel a plurality of pulse density                       
                capture circuits as claimed may be found.                                                        
                       Daniel describes the invention as covering “all types of display                          
                technologies with matrix addressing” (Daniel 3:23-25), such that an image                        
                element P is situated at the intersection of a line and a column electrode.                      
                The reference does not appear to describe a display type where circuits                          

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