Ex parte MULATIER et al. - Page 6




         Appeal No. 1998-2949                                                      
         Application 08/608,042                                                    

         Because only dependent claim 2 contains the limitation of                 
         "between 0.8 and 1.3 times the value of the threshold                     
         polarisation [sic] voltage," and because enablement goes to               
         the claimed invention, the rejection of claims 1 and 3-10 is              
         summarily reversed.                                                       
              The Examiner's reasoning is plausible, although it                   
         does not demonstrate a comprehension of the structure                     
         described in the specification and the language of claim 2                
         as discussed, infra.  The reasoning applied by the Examiner               
         is new in the Examiner's Answer and is not responded to by                
         Appellants.  Thus, we are left to sort out the enablement                 
         question without help from Appellants.                                    
              The specification discloses that the pixel structure                 
         creates two optical domains with a non-uniform distribution               
         of the electric field E (page 5):                                         
              When a potential difference U is applied to the pixel                
              electrodes 14 and counter-electrode 15, this groove                  
              creates a lateral component in the electric field E.                 
              The electric field E is then perpendicular to the                    
              electrodes in the areas where these are facing each                  
              other, and inclined in the areas of the edges of the                 
              pixel electrodes 14 and in the areas between the groove              
              18 and the electrode 14, as shown in figure 5.  In this              
              way, two optical domains each having different tilt                  
              angles are created by the non-uniform distribution of                
              the electric field E resulting from the structure of                 

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