Appeal No. 1999-0541
Application No. 08/599,436
layer and defining areas of phosphors on the screen” as opaque
barrier structure layer 48 (col. 5, lines 41-55). Additionally,
Levine discloses that the insulating material of barriers 48 may
comprise dielectric stack of alternating layers of Cr O /Cr and2 3
Si/SiO (col. 6, lines 21-26). Based on the existence of Cr in2
barrier layer 48, Levine shows that the black matrix, which is
formed on the conductive layer, includes Cr and therefore,
teaches the limitation of “the black matrix including conductive
particles.”
As discussed above, Levine teaches all the limitations of
independent claim 13. Accordingly, claim 13 is rejected under
35 U.S.C. § 102 as anticipated by Levine.
In addition to reversing the Examiner’s decision rejecting
the claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that
"[a] new ground of rejection shall not be considered final for
purposes of judicial review."
37 CFR § 1.196(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
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