Ex parte HENZEN - Page 7




          Appeal No. 1999-1559                                                        
          Application No. 08/762,687                                                  


          that Tsuboyama fails to teach or even suggest the proposed                  
          modification by the Examiner.  In particular, we note that in               
          column 3, lines 22 through 24, Tsuboyama is concerned with                  
          unrelated problems of the need for spacing between the                      
          substrates and the tilt angle.  Tsuboyama is not concerned                  
          with the problem of providing operational bistability of the                
          pixel based upon variations of nematic temperature.                         
               In regard to Fukai, we find no suggestion of varying the               
          frequency of the voltage to overcome the problems of the                    
          liquid crystal material employed.  While Fukai shows a liquid               
          crystal display device having a nematic crystal material,                   
          there is no teaching or suggestion that Fukai contemplates the              
          problems of using a liquid crystal material that is a twisted               
          nematic liquid crystal material having a positive dielectric                
          anisotropy as Appellant has claimed.                                        
               We note that the only relevant art concerning the problem              
          of a twisted nematic liquid crystal material having a positive              
          dielectric anisotropy is the prior art admitted by the                      
          Appellant found on page 1 of the specification.  The admitted               
          prior art recognizes the problem that this type of material                 
          has problems at varying ambient temperature because of the                  
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