Ex parte VAN NES - Page 27




          Appeal No. 95-1423                                                          
          Application 07/928,883                                                      

               Claim 75 depends indirectly from claim 61 and further                  
          recites that in “said first state the total number of                       
          displayed colors is less than in said second state.”  Claim 75              
          is not argued separately and would have been obvious over the               
          combined teachings of Nopp and Hovel for the reasons discussed              
          above.                                                                      
               Based on the above teachings and Appellant’s failure to                
          argue these claims separately, the rejection of claims 70-72                
          and 74-75 over Nopp in view of Havel and further in view of PC              
          Magazine or Staar is affirmed.                                              


                                     CONCLUSION                                       
               In view of the foregoing, we affirm the decision of                    
          the Examiner rejecting claims 40, 41, 61-68 and 75 under                    
          35 U.S.C. § 112, first paragraph and claims 40, 41, and 61-77               
          under 35 U.S.C. § 103.                                                      





               No time period for taking any subsequent action in con-                
          nection with this appeal may be extended under 37 CFR § 1.136.              

                                         27                                           





Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next 

Last modified: November 3, 2007