Ex Parte RASMUSSEN et al - Page 8



          Appeal No. 1999-0541                                                        
          Application No. 08/599,436                                                  

          1127 (Fed. Cir. 1984).  The court further reasons in Karsten Mfg.           
          Corp. v. Cleveland Gulf Co., 242 F.3d 1376, 1385, 58 USPQ2d 1286,           
          1293 (Fed. Cir. 2001) that for an invention to be obvious in view           
          of a combination of references, there must be some suggestion,              
          motivation, or teaching in the prior art that would have led a              
          person of ordinary skill in the art to select the references and            
          combine them in the way that would produce the claimed invention.           

               Therefore, we remain unpersuaded by the Examiner’s arguments           
          that one of ordinary skill in the art would have incorporated               
          Kobale’s conductive black matrix in the display of Brodie in any            
          way other than over the substrate before the conductive layer.              
          In that regard, while the basic elements of a field emission                
          display and a contrasting border layer are taught by Brodie and             
          Kobale respectively, the combination of prior art fails to teach            
          or suggest phosphors and a black matrix formed on the conductive            
          layer, as recited in claim 13.  Accordingly, we do not sustain              
          the 35 U.S.C. § 103 rejection of independent claim 13, as well as           











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