Ex parte RIEGER et al. - Page 4

          Appeal No. 1995-5117                                                        
          Application No. 08/067,154                                                  

               For the reasons set forth below, we will sustain each of               
          these rejections.                                                           
               Concerning the obviousness-type double patenting                       
          rejection, the appellants argue that the subject matter                     
          defined by the claims of the Rieger patent (i.e., see formula               
          V of patent claim 1) is merely generic to, and would not have               
          suggested, the subject matter defined by appealed claim 4.  It              
          cannot be                                                                   
          gainsaid, however, that compounds of the type defined by the                
          formula recited in appealed claim 4 would result from the                   
          appropriate selection of choices recited in Rieger’s patent                 
          claim 1.  In particular, selecting for formula V of patent                  
          claim 1 one of the two choices for r (namely, the numeral 1)                
          and any one of three out of five choices for substituent X                  
          (namely, Cl, CF  or OCF ) would have yielded compounds within3      3                                                     
          the scope of those defined by the appealed claim 4 formula.                 
               The above discussed circumstances reveal clearly that the              
          liquid crystal mixture in the matrix liquid crystal display                 
          defined by appealed claim 4 substantially overlaps the liquid-              
          crystalline medium in the electrooptical liquid-crystal                     


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