Appeal No. 1999-0541
Application No. 08/599,436
In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.
2002).
Appellants recognize the Examiner’s reliance upon Brodie for
teaching the basic structure of a field emission device and on
Kobale for disclosing the conductive black matrix. However,
Appellants argue that any change in the order of the substrate,
conductive layer and the black matrix of Kobale would be contrary
to its teaching related to the use of the black matrix
contrasting layer as a mask (brief, pages 3 & 4). In particular,
Appellants assert that Kobale, in column 5, describes the process
by which parts of the contrasting border layer is etched away to
allow the formation of a plurality of recesses prior to the
formation of the conductive layer (brief, page 4). Appellants
conclude that rearranging the structure of Kobale in order to
incorporate a black matrix layer on the conductive anode layer of
Brodie is not prima facie obvious since Kobale’s order of the
layers is significant and results in a specific process for a
specific structure (id.).
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