Ex Parte RASMUSSEN et al - Page 10



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

                                     CONCLUSION                                       
               In view of the foregoing, the decision of the Examiner                 
          rejecting claims 5, 7, 13, 15 through 18 and 22 through 26 under            
          35 U.S.C. § 103 is reversed.                                                
               We make the following new ground of rejection for claim                
                                                            5                         
          13 under 35 U.S.C. § 102 as anticipated by Levine  pursuant to              
          37 CFR § 1.196(b).  We only consider independent claim 13 but               
          encourage the Examiner to consider other claims for possible                
          rejections under Levine alone or in combination with other prior            
          art.                                                                        
               Claim 13 is rejected under 35 U.S.C. § 102(e) as anticipated           
          by Levine.  Levine teaches in figures 2 and 3, a field emission             
          device including a cathode (emitter plate 12) and a face plate              
          screen (anode plate 40) as recited in Appellants’ claim 13.                 
          Levine specifically teaches an anode plate comprising “a                    
          substrate” as layer 42 and “a conductive layer formed over the              
          substrate” as layer 46 (col. 5, lines 35-39).  Levine further               
          teaches “phosphors formed on the conductive layer” as regions               











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