Appeal No. 1998-2045
Application 08/402,374
that was typical at the time of Morozumi and 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 23 [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 there is no
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