Ex parte MULATIER et al. - Page 7




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

              the pixel according to the invention.  [Emphasis                     
              added.]                                                              
         The specification also states, as amended (page 6):                       
                   Owing to the relatively long delay for formation                
              of the two domains, according to this invention, the                 
              polarization potential is not equal to zero when the                 
              pixel is not addressed (OFF state), in order to                      
              maintain the structure of the domains.  The value of                 
              the polarization potential U is preferably between 0.8               
              and 1.3 times the value of the threshold voltage of the              
              liquid crystal in the present [sic] of a uniform field.              
              [Emphasis added.]                                                    
              The pixel structure has two optical domains with a                   
         non-uniform electric field, whereas the limitation at issue               
         refers to a pre-polarization voltage between 0.8 to 1.3                   
         times the value of the threshold polarization voltage of the              
         liquid crystal molecules in the presence of a uniform                     
         electric field.                                                           
         The Examiner does not address this difference.  It might be               
         that applying a pre-polarization voltage greater than the                 
         threshold voltage in the presence of a uniform electric                   
         field does not produce an ON (dark) condition in the                      
         non-uniform electric field of the claimed pixel.  However,                
         absent some representation or argument from Appellant, we                 
         are reluctant to make such a finding.  In the region where                
         the electrodes face each other and the electric field is                  
                                       - 7 -                                       





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