Appeal No. 97-1932 Application 08/028,047 to be suggested for any type of display using a cathode and an anode such as taught by Oess. Therefore, we are not persuaded by appellant that the examiner’s proposed combination would not work. Appellant argues that the combination proposed by the examiner comes only from a hindsight reconstruction of the invention [brief, page 11]. We do not agree. The examiner cites Kishino for the sole purpose of suggesting a plurality of cathode structures for each picture element. Kishino clearly suggests that each picture element of a display can have a variable number of emitters [see column 4, lines 65- 68]. Therefore, the theory used by the examiner is clearly suggested by the applied references and is not based only on hindsight. Appellant argues that the rejection is wrong as a matter of fact because Figure 3 of Oess does not teach a monolithic structure as claimed [brief, page 12]. Figure 3 is described as an exploded view of a portion of Figure 2 [column 2]. Oess discloses that “[a]s shown in FIG. 2, the structure is monolithic” [column 5, line 13]. Therefore, Figure 3 is 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007