Appeal No. 2001-1516
Application No. 08/684,299
a switching element associated with each of the pixel electrodes,
said switching elements being formed beneath the respective pixel
electrode;
a lower substrate following beneath the switching element; and
said optical thin-film layer including a plurality of coloring areas, and
a pattern is formed for each coloring area, so as to form color filters.
The examiner relies on the following references:
Iida et al. (Iida) 5,472,635 Dec. 05, 1995
Abileah et al. (Abileah) 5,499,126 Mar. 12, 1996
Adachi et al. (Adachi) JP 06-222,351 Aug. 12, 1994
Claims 20-24 stand rejected under 35 U.S.C. § 103 as unpatentable over Adachi
in view of Iida and Abileah.
Reference is made to the briefs and answer for the respective positions of
appellants and the examiner.
OPINION
To reach a proper conclusion under § 103, the decision maker must step
backward in time and into the shoes worn by [a person having ordinary skill in the art]
when the invention was unknown and just before it was made. In light of all the
evidence, the decision maker must then determine whether...the claimed invention as a
whole would have been obvious at that time to that person. The answer to that
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