Ex Parte MacKey - Page 4

                Appeal 2007-1430                                                                                   
                Application 10/407,696                                                                             

                The issue, therefore, is whether the width of the traces or the arrangement of                     
                the traces with respect to the underlying image avoids obstruction of the                          
                image.                                                                                             
                       Clancy states (col. 5, ll. 26-29) that when the traces are not                              
                transparent, the traces may interfere with the image.  Clancy (col. 5, ll. 29-                     
                32) solves the problem of interference to improve visualization of the image                       
                not only by positioning the image appropriately and making it sufficiently                         
                bold but also by sizing the array of traces.  Clancy states (col. 5, ll. 33-37)                    
                that images 27 and 28 are "sized sufficiently large to be viewed even if they                      
                are partially obscured by capacitive elements 74 or traces 72 or 76."                              
                Furthermore, Clancy discloses (col. 4, lines 56-60) that the capacitive                            
                elements along the traces should be substantially longer than they are wide                        
                to lessen interference with light passing through the touchscreen.  Thus,                          
                Clancy teaches that making the capacitive elements and traces fairly narrow                        
                relative to the size of the image prevents deleterious obstruction of the                          
                image.  Accordingly, we will sustain the anticipation rejection of claims 1                        
                through 5, 7, 9 through 11, 13, 15 through 20, 22 through 24, 26 through 28,                       
                31, 33 through 39, 41 through 46, 50, and 52.                                                      
                       Regarding claims 12, 21, and 40, Appellant additionally contends (Br.                       
                10-11) that Clancy's traces are not substantially opaque, as required by the                       
                claims.  Thus, the second issue is whether Clancy teaches substantially                            
                opaque traces.  Clancy discloses (col. 4, ll. 30-34) that the traces may be                        
                formed by silkscreening or printing conductive ink on the transparent                              
                membrane.  Clancy continues in the subsequent paragraph (col. 4, ll. 35-41)                        
                that the traces may instead be formed of a transparent conductive material                         
                such as indium tin oxide.  From the juxtaposition of the conductive ink and                        

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