Appeal No. 96-3684
Application 08/318,034
teaches and suggests that the ZnS may be doped with Mn to improve the fluorescence of the quantum
particle. However, the examiner has not provided any technical and scientific reasoning for us to conclude
that Weller would have taught or suggested to a person having ordinary skill in the art that ZnS particles
are enclosed or encapsulated by SiO . Figure 17 on page 655 of Weller shows the ZnS particle being
2
located on the surface of the SiO particle, and not encapsulated by SiO as required by the claims. Hilsum2 2
does not make up for the deficiency of Weller. The examiner acknowledges that Hilsum does not disclose
or suggest ZnS particles having a diameter
less than 100 D. Hilsum discloses an electroluminescent phosphor panel (EL) which includes a layer 5
having a thickness as small as 200 D. The layer comprises ZnS doped with Mn (col. 3, lines 11-
12). Hilsum does not disclose that the layer comprises particles of ZnS. Hilsum refers to the layer as a
“monolayer” (col. 3, lines 14-15). While this “monolayer” may be mixed with a binder such
as poly(methyl methacrylate) to improve its adherence to the film 3, there is no teaching in
Hilsum that layer 5 can be doped ZnS particles nor is there a suggestion in Hilsum to encapsulate
ZnS particles with the poly(methyl methacrylate) binder. Thus, for the foregoing reasons, we reverse the
rejection of the appealed claims over the combined teachings of Weller and Hilsum.
REJECTION II
The examiner rejected the appealed claims under 35 U.S.C. § 103 over Hilsum in view of Zhao.
As discussed above, Hilsum discloses a layer of ZnS doped with Mn which can be mixed with a binder.
The examiner acknowledges that Hilsum does not disclose or suggest quantum sized ZnS particles (i.e.,
-5-
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