Ex parte HIKMET et al. - Page 13




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


          liquid crystal material is not polymerized or uniaxially                    
          oriented and that the De Vaan patent fails to cure this                     
          deficiency because its wedge-shaped elements are formed of                  
          glass rather than of an oriented polymerized liquid crystal                 
          monomer (Brief at 9).  Again, this argument is unconvincing                 
          because it fails to address the collective teachings of those               
          references.  Furthermore, Appellants' additional argument that              
          the Tatsuno patent fails to disclose or suggest making its                  
          wedge-shaped elements of a uniaxially oriented polymerized                  
          crystalline monomer composition is unresponsive to the                      
          rejection, which relies collectively on only Murty and De Vaan              
          for this teaching.  We note that Appellants do not contend                  
          that in the event Murty and De Vaan do collectively teach                   
          wedge-shaped elements of such material, it nevertheless would               
          have been unobvious to use such material to form the wedge-                 
          shaped elements in Tatsuno's three-wedge Wollaston prism.                   
               For the foregoing reasons, the rejection of claims 2, 3,               
          5, and 11 as unpatentable for obviousness over Murty in view                
          of De Vaan and Tatsuno is affirmed.                                         




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