Ex Parte Holtslag et al - Page 5


                 Appeal 2007-1283                                                                                     
                 Application 09/772,477                                                                               
                        The Examiner disagrees.  In response to Appellants’ argument that the                         
                 combination of Wani and Kida would result in a loss of resolution and/or                             
                 sharpness, the Examiner finds that Wani teaches partial interlace scanning in                        
                 the lower bits [b3, b2, b1, b0] in order to reduce addressing time (See Wani,                        
                 col. 3, ll. 44-58).  The Examiner finds that Kida teaches addressing bits                            
                 within the subframes, wherein neighboring lines are assigned the same                                
                 luminance value in order to reduce the addressing time (See Kida, col. 2, ll.                        
                 34-39 and 60-67; see also col. 6, l. 64 through col. 7, l. 17).  Therefore, the                      
                 Examiner concludes it would have been obvious to an artisan to modify                                
                 Wani’s system (which teaches reducing addressing time by performing                                  
                 interlace scanning only in subfields corresponding to the lower bits that have                       
                 a short sustain time and small contribution to display brightness)1 with                             
                 Kida’s method of addressing neighboring lines with the same luminance                                
                 (i.e., the same pixel data, col. 7, ll. 11-13), also for the purpose of reducing                     
                 addressing time (see Kida, col. 7, ll. 13-15).  The Examiner notes that by                           
                 reducing the addressing time the sustaining periods will be increased and the                        
                 brightness of the display is also increased (Answer 3-4; see also Final                              
                 Action 4).                                                                                           
                        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, 1073, 5 USPQ2d 1596, 1598                               
                 (Fed. Cir. 1988).  In so doing, the Examiner must make the factual                                   
                 determinations set forth in Graham v. John Deere Co., 383 U.S. 1, 17, 148                            
                 USPQ 459, 467 (1966).  In addition to the findings under Graham, there                               



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