Appeal No. 96-0763 Page 10
Application No. 07/840,345
pigmented shielding layer of Hatano to achieve a structure
meeting the requirements of the claimed subject matter.
One issue before us is whether the person having ordinary
skill in the art would have found a suggestion in the teachings
of the references of record to prepare a color filter according
to appellants' claimed process and whether the references would
have revealed that such person would have a reasonable
expectation of success. See In re Vaeck 947 F.2d 488, 493, 20
USPQ2d 1438, 1442 (Fed. Cir. 1991). Based upon our findings
supra, we answer both questions in the affirmative. Hatano
suggests the preparation of liquid crystal displays containing
appellants’ claimed color filter, except as noted supra. The
liquid crystal displays of Yanagisawa and EPA’412 disclose the
conventional use of insulative glass substrates, and the use of
metallic film as shielding layers. EPA’412 provides the
expectancy that whether the shielding layer is adjacent to the
substrate, a conductive electrode or a color filter, it would
function in a successful manner. See column 5, lines 3 - 14.
Accordingly, we conclude that the prior art would have
suggested to those of ordinary skill in the art to make the
claimed color filter and that in so making or carrying out,
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