Appeal No. 1997-2404
Application 08/368,133
citing W. L. Gore & Assoc., Inc. v. Garlock, Inc., 721 F.2d
1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984).
On page 2 of the brief, Appellants agree that all
parts of the display medium of claim 1 are shown in Sheridon
except "the surface of the first hemisphere comprising a
photoalterable material whose electrical properties are
altered by exposure to light." Appellants argue that neither
Sheridon nor Tatsuno teaches or suggests using light to modify
the electric charge on one hemisphere of the Sheridon balls
14, as opposed to modifying the electric charge on these balls
by the applied electric field to the plates 10' and 12'.
On page 5 of the Examiner's answer, the Examiner
argues that Tatsuno teaches phoresis particles (3) receiving
light (8) to modify the electric charge on the phoresis
particles. The Examiner argues that it would have been
obvious to one of ordi- nary skill in the art to have used the
photosensitive material which was placed on the phoresis
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