Ex parte CASE - Page 7




          Appeal No. 96-1729                                                          
          Application No. 08/165,795                                                  

               one of the aforementioned dot techniques.  Tai does                    
               not turn on or turn off pixels in the manner taught                    
               by Appellant.  It is submitted that there is nothing                   
               in Tai which would motivate one of ordinary skill in                   
               the art to select a template with alternating pixels                   
               instead of alternating regions.  It is further                         
               submitted that there is nothing which would suggest                    
               to one of ordinary skill in the art that Tai should                    
               be combined with Roetling. (reply brief, page 6)                       
               If we assume for the sake of argument that the teachings               
          of Roetling and Tai would have been combinable within 35                    
          U.S.C.                                                                      
          § 103, the above noted provision of each independent claims 1,              
          4 and 9 on appeal that we quoted earlier at a minimum would                 
          not have been taught or suggested in any manner.  As such, we               
          do not agree with the examiner’s view that Tai teaches the                  
          examiner’s admitted deficiencies in Roetling with respect to                
          each of these independent claims of dividing a cell into two                
          equal groups of alternating pixels as recited in the earlier                
          quoted clause.  In this sense then as well, there is                        
          essentially no prima facie case of obviousness that the                     
          applied prior art would have been established to lead us to                 
          conclude the subject matter of independent claims 1, 4 and 9                
          would have been obvious to the artisan.  As such, we further                
          reverse the rejection of the respective dependent claims of                 

                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007