Ex parte OOMEN et al. - Page 4




          Appeal No. 1998-1060                                                        
          Application No. 08/433,664                                                  


          1239 (Fed. Cir. 1995) (citing W. L. Gore & Assocs., Inc. v.                 
          Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309 (Fed.                 
          Cir. 1983), cert. denied,                                                   
          469 U.S. 851 (1984)).                                                       
               The Examiner reasons that APA and Kojima teach the                     
          claimed method of manufacturing a cathode ray tube having a                 
          filtering layer with silicon dioxide and a dye but fail to                  
          teach incorporating a metal oxide in the coating composition                
          of the filter layer.  Kawamura teaches a cathode ray tube                   
          having a layer on the face plate comprising of a dye, an                    
          electroconductive metal oxide and silica gel (answer-page 5).               
          The Examiner states:                                                        
               Therefore, it would have been obvious for one                          
               skilled in the art at the time the invention was                       
               made to have incorporated a metal oxide as evidenced                   
               by Kawamura et al. (5,291,097) in either Applicant’s                   
               admitted state of the art (specification, pg. 1,                       
               line 20-pg. 2, line 2) or Kojima (EP-517611)                           
               filtering layer because one skilled in the art would                   
               want to obtain the benefits associated with the                        
               metal oxide’s use, i.e. effective in removing the                      
               electricity generated on the panel by static                           
               induction (col. 1, lines 5-10). [Answer-pages 5 and                    
               6.]                                                                    




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