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.
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