Appeal No. 1998-1993
Application 08/320,729
Asars. The examiner cites Togashi which teaches a typical
liquid crystal display panel in which each cell is a square of
about 0.04 square mm. Thus, the examiner finds that in making
a low leakage liquid crystal device, the artisan would have
used channel thicknesses, leakage currents and leakage
resistances as taught by Morozumi and Asars with cells
designed of a typical size as taught by Togashi. The examiner
concludes that a low leakage liquid crystal device designed
with the teachings of Morozumi, Asars and Togashi would
inherently have the 1/10 leakage current property recited in
claim 44 [answer, pages 7-9].
Appellants argue that the examiner is improperly picking
and choosing leakage resistance and cell size without proper
motivation. They assert that none of the references discloses
or suggests the advantage of using particular values of
resistance and cell size. Thus, appellants argue that the
examiner has used improper hindsight gleaned from appellants’
own specification in combining the teachings of Morozumi,
Asars and Togashi. Appellants also assert that the fact that
the combined teachings of the applied references may
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