Ex parte VAN'ORDER - Page 5




              Appeal No. 1998-0693                                                                                        
              Application No. 08/387,583                                                                                  


              specification, the display in the admitted prior art is not electrically interconnected to the              
              electro-optical mirror operation.  Appellant argues the O’Farrell reference, but we make no                 
              findings thereto, since it is not applied by the examiner in the rejection.  (See brief at page             
              8.)                                                                                                         
                     Appellant argues that Nicholson discloses merely an electro-optic display and does                   
              not teach or suggest a mirror in combination thereto.  (See brief at page 8.)  Appellant                    
              further argues that there is a lack of motivation to use a colored display in a mirror where                
              accurate color reflections are expected.  (See brief at pages 8-9.)   We agree with                         
              appellant, but note that claim 1 recites an electro-optic display not a mirror. Therefore, this             
              argument is not persuasive to claim 1 and the claims grouped therewith. We agree with                       
              appellant with respect to claims 11 and 32 and their respective groupings of claims as to                   
              the use in a mirror.                                                                                        
                     Appellant argues that “[u]nlike the Nicholson patent which teaches only conductive                   
              patterns defining display elements, claims 1 and 6 define an overall conductive layer on                    
              opposite sides of the electro-optic medium . . .  claims 1 and 6 define a display which is                  
              defined by individual conductive display elements patterned on both [sic, at least one in                   
              claim 1] of the conductive layers and which are surrounded                                                  






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