Ex parte RIEGER et al. - Page 5

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

          display claimed by Rieger (i.e., see patent claims 1 and 7                  
          respectively).  Contrary to the appellants’ belief, the mere                
          fact that Rieger’s patent claim 1 embraces a number of other                
          compounds in the liquid-crystalline medium which do not fall                
          within the scope of appealed claim 4 does not forestall an                  
          obviousness conclusion with respect to those compounds                      
          embraced by Rieger’s patent claim 1 which do fall within the                
          scope of appealed claim 4.  Although the number of compounds                
          embraced by the genus defined by Rieger in his claim 1 may be               
          relatively large, an artisan with ordinary skill would have                 
          considered each of these compounds as being obvious and                     
          effective components of patentee’s claimed liquid-crystalline               
          medium.  Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804,                 
          807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989).  In light of the                
          foregoing, it is our conclusion that the above mentioned                    
          compounds embraced by formula V of Rieger’s patent claim 1,                 
          which correspond to those defined by the formula in appealed                
          claim 4, would have been obvious to an artisan with ordinary                
               The appellants further argue that the characteristics                  
          defined by appealed claim 4 relating to birefringence,                      


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007