Appeal No. 97-2020
Application 07/957,107
Upon a careful review of De Jule, we find that
De Jule is a plasma-sac-type gas-discharge image display panel
which does not have an active switching element at each pixel.
Thus, De Jule is not concerned with the problem confronted by
Appellants. Appellants are concerned with an active matrix
display which would have voltage variations or fluctuations
due to the different active elements at each picture element
as well as the parasitic capacitance due to the active
elements at each picture element.
The Federal Circuit states that "[t]he mere fact
that the prior art may be modified in the manner suggested by
the Examiner does not make the modification obvious unless the
prior art suggested the desirability of the modification." In
re Fritch, 972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84
n.14 (Fed. Cir. 1992), citing In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984). In addition, the
Federal Circuit reasons in Para-Ordnance Mfg., 73 F.3d at
1088-89, 37 USPQ2d at 1239-40, that for the determination of
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