Ex parte VAN'ORDER - Page 7




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


              provided a convincing line of reasoning for the proposed combination of a variable display                  
              into a rearview mirror where the variable display is formed of the same conductive layers                   
              which darken the mirror.  Furthermore, with respect to claim 1, the examiner has not                        
              provided a teaching or a convincing line of reasoning why it would have been obvious to                     
              one of ordinary skill in the art at the time of the invention to provide “a display defined by              
              individual conductive display elements patterned on one of said conductive layers, each of                  
              said elements being surrounded by a non-conductive border.”  While Nicholson teaches a                      
              display with variable colors between the background and display segments, the examiner                      
              has not shown that the display segments and the background are formed in the same                           
              layer.  We note that Nicholson discloses at column 6 that the character segments and                        
              background are simultaneously formed by deposition of a single continuous layer.  Further,                  
              with the reversal of colors by switching the voltages and the fact that Nicholson is                        
              concerned with color matching between the segments and background, two portions would                       
              have to be similarly formed.  Furthermore, the examiner has not addressed appellant's                       
              argument that Nicholson does not clearly teach the use of a pair of conductive layers or                    
              why it would have been obvious to one of ordinary skill in the art at the time of the invention             
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