Appeal No. 97-1585
Application No. 08/397,514
A review of appellants’ disclosure does not reveal an
express statement concerning "controlling individual elements
of a pixel to control the gray scale of that pixel." When
appellants’ disclosure is considered as a whole, however, we
are of the opinion that the skilled artisan would understand
that the intensity or luminosity of each pixel is inherently
determined by the amount of time that each of the switchable
elements is switched on and off (specification, pages 16 and
23). In other words, a long on switching time for the mirror
elements translates into an intense pixel display, whereas a
short on switching time for the mirror elements translates
into a less intense pixel display.
Based upon the foregoing, the rejection of claims 15 and
17 is reversed because appellants’ claimed invention need not
be described in ipsis verbis in order to satisfy the written
description requirement of the first paragraph of 35 U.S.C.
§ 112. In re Lukach, 442 F.2d 967, 969, 169 USPQ 795, 796
(CCPA 1971).
DECISION
The decision of the examiner rejecting claims 15 and 17
under the first paragraph of 35 U.S.C. § 112 is reversed.
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