Ex Parte BROWN et al - Page 2




          Appeal No. 2000-0834                                                        
          Application No. 08/798,679                                                  


          characterized in that the layer comprises a dopant capable, by a            
          redox reaction of changing the oxidation state of the organic               
          conjugated compound, the material is soluble, the organic                   
          conjugated compound is a polymer or an oligomer, and the                    
          electroconductivity of the layer in a written state is                      
          permanently lower than in an unwritten state.                               
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Marrocco, III (Marrocco)      4,945,257           Jul. 31, 1990             
          Atkins                   EP 0,115,191             Aug. 08, 1984             
               Claims 2 through 4 and 6 through 9 stand rejected under                
          35 U.S.C. § 103 as being unpatentable over Marrocco in view of              
          Atkins.                                                                     
               Reference is made to the Examiner's Answer (Paper No. 23,              
          mailed January 11, 2000) for the examiner's complete reasoning in           
          support of the rejections, and to appellant's Brief (Paper No.              
          22, filed November 18, 1999) and Reply Brief (Paper No. 24, filed           
          March 13, 2000) for appellant's arguments thereagainst.                     
                                       OPINION                                        
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellant and the examiner.  As a consequence of our review, we             
          will reverse the obviousness rejection of claims 2 through 4 and            
          6 through 9.                                                                
               Regarding sole independent claim 9, the examiner asserts               
          (Answer, page 3) that "Marrocco teaches an organic material based           

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