Appeal No. 2000-2208
Application No. 08/874,287
the number of cells over the displayed distance and does not
teach or suggest compensating for the unequal distance between
pixels in the vertical and horizontal directions (brief, page 8).
Additionally, Appellants point to the display area aspect ratio
of Schumacher and argue that such ratio relates only to
determining the number of pixels in the display area, not to the
physical distance between pixels or their differences in the
vertical and horizontal directions (reply brief, pages 2 & 3).
In response to Appellants’ arguments, the Examiner
characterizes Schumacher’s display arrangement of 192 lines each
divided into 256 pixels as the claimed “unequal physical
distance” between the pixels (answer, page 6). The Examiner
further asserts that “[t]herefore, the shape of each cell is
clearly rectangular with an aspect ratio of 192/256 or (3:4)” and
concludes that by using a per-cell average distance, Schumacher
discloses “distances between pixels” (answer, pages 6 & 7).
In rejecting claims under 35 U.S.C. § 103, the Examiner
bears the initial burden of presenting a prima facie case of
obviousness. See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d
1955, 1956 (Fed. Cir. 1993). To reach a conclusion of
obviousness under § 103, the examiner must produce a factual
basis supported by teaching in a prior art reference or shown to
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