Ex parte HIKMET et al. - Page 7




                 Appeal No. 96-1368                                                                                                                    
                 Application 08/080,891                                                                                                                


                 splitter or Wollaston prism with Takayanagi's polymerized                                                                             
                 liquid crystal material, the result would be a film of                                                                                
                 polymerized liquid crystal material formed on or between one                                                                          
                 or more wedge-shaped isotropic elements, not a wedge-shaped                                                                           
                 element formed of polymerized liquid crystal material, as                                                                             
                 required to satisfy claim 1.  For this reason, the rejection                                                                          
                 of claim 1 as unpatentable for obviousness over Rogers in view                                                                        
                 of Takayanagi is reversed.                                                                                                            
                          Tatsuno, which is additionally relied on with respect to                                                                     
                 dependent claims 2, 3, 5, and 11 as showing a Wollaston prism                                                                         
                 23 including three wedge-shaped elements 24-26, does not cure                                                                         
                 the above-noted deficiency.  As a result, the rejection of                                                                            
                 those dependent claims as unpatentable for obviousness over                                                                           
                 Rogers in view of Takayanagi and Tatsuno is also reversed.                                                                            
                          2.  The rejections based on Murty                                                                                            
                          Murty discloses a liquid crystal wedge which is formed by                                                                    
                 encapsulating a liquid crystal material such as MBBA  in a                                   10                                       
                 wedge-type cell (Abstract) formed between two glass plates.                                                                           
                 The glass plates are rubbed parallel to the apex of the wedge                                                                         

                          10MBBA is N-(p-Methoxy Bezylidene)-p-Butyl Aniline)                                                                          
                 (Murty at 113 n.*).                                                                                                                   
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