Ex parte KODAIRA et al. - Page 5




          Appeal No. 1996-0810                                                        
          Application 08/259,354                                                      

          the Revised Appeal Brief  (Paper No. 29) (pages referred to2                                                   
          as "Br__") and the Reply Brief (Paper No. 24) (pages                        
          referred to as "RBr__") for a statement of Appellants'                      
          arguments thereagainst.                                                     
                                      OPINION                                         
               Appellants argue that Ota does not render anticipate or                
          render obvious "the claimed liquid crystal device having a                  
          display capacitor with a first capacitance per unit area and                
          a cross-over capacitor with a second, lower capacitance per                 
          unit area" (Br5) because "[Ota] instead has equal                           
          capacitances at the cross-over locations and display                        
          capacitor" (Br6).  Appellants provided a Declaration Under                  
          37 CFR § 1.132 by David D. Meyer (attached to the Amendment                 
          After Final Rejection, Paper No. 14) explaining why Ota                     
          discloses that the capacitance per unit area of the                         
          cross-over capacitor and the display capacitor are the same.                
               The Examiner finds that "the capacitance of the                        
          cross-over capacitor is less than the capacitance of the                    


            The Revised Appeal Brief is identical to the original2                                                                      
          Brief filed July 21, 1995 (Paper No. 22), except that it                    
          includes statements regarding the real party in interest and                
          related appeals and interferences.                                          
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