Ex Parte Epstein et al - Page 7

                Appeal 2007-1261                                                                              
                Application 10/196,523                                                                        

                includes the expressly disclosed embodiment wherein an intermediate layer                     
                is disposed between the conductive paste material and the emitting layer                      
                (i.e., the claim interpretation urged by the Examiner).  Therefore, when                      
                properly interpreted, step (c) of claim 1 does not exclude the prior art                      
                method disclosed by Tanabe wherein an intermediate (i.e., dielectric) layer                   
                104 is disposed between electrode layer (i.e., conductive paste material) 105                 
                and emitting layer 103.                                                                       
                      Because the appealed claims do not distinguish over the prior art in                    
                the one and only manner urged by Appellants, we hereby sustain each of the                    
                § 103(a) rejections before us.                                                                
                                              CONCLUSION                                                      
                      The decision of the Examiner is affirmed.                                               
                      No time period for taking any subsequent action in connection with                      
                this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.                    
                13, 2004).                                                                                    
                                                AFFIRMED                                                      










                cam                                                                                           


                                                      7                                                       

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013