Ex parte REITZ - Page 7




              Appeal No. 95-3835                                                                                            
              Application 08/107,047                                                                                        


                     Each of appellant’s independent claims requires that the electrosetting composition                    
              is cured.  As indicated on page 733 of the portion of ECT provided by appellant, the liquid                   
              crystal material in a liquid crystal device is in the form of a viscous fluid.  The material is not           
              cured.  If it were cured, the molecules could not switch back and forth between the two                       
              positions shown in Fig. 5 of ECT (page 729) as the electrical field alternately is applied                    
              and terminated, and the device would be inoperable.                                                           
                     Also, the examiner has set forth no explanation as to why or how one of ordinary                       
              skill in the art would have modified the liquid crystal device such that the liquid crystal                   
              material is cured.                                                                                            

                     For the above reasons, the examiner has not established a prima facie case of                          

              anticipation or obviousness of appellant’s claimed invention over ECT.                                        

                                                        DECISION                                                            

                     The rejections of claims 1-7 and 20-32 under 35 U.S.C. § 112, first paragraph, on                      
              the ground that the specification fails to provide an enabling disclosure for the claimed                     
              invention, and of claims 1-6, 20, 21, 23, 24, 26, 27, 29, 30 and 32 under 35                                  










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