Ex Parte AIBARA - Page 9



         Appeal No. 2001-0821                                                       
         Application 08/962,567                                                     

         The examiner responds that the horizontal and vertical                     
         pitches in Hirabayashi are related as shown in Figure 1b [answer,          
         pages 7-8].  Appellant responds by essentially repeating the               
         arguments made in the main brief [reply brief].                            
         We will not sustain this rejection of independent claim 1                  
         or of any of the claims which depend therefrom.  The deficiencies          
         of Thompson-Russell have been discussed above.  Additionally, we           
         agree with appellant that the values of pitch described in                 
         Hirabayashi relate to dimensions in the horizontal direction and           
         not to the vertical direction as claimed.  We also agree with              
         appellant that there is no clear disclosure in Hirabayashi that            
         the pitch in the vertical direction is directly related to the             
         pitch in the horizontal direction regardless of the arrangement            
         of the slots as shown in Figure 1b.  We also note, however, that           
         the description in Hirabayashi appears to be directed to the use           
         of round-hole type mask holes.  Note that Hirabayashi states that          
         for high-resolution color display tubes the round-hole type of             
         mask hole is used [translation, page 7].  Thus, the values in              
         Hirabayashi would describe pitch values for round holes and not            
         for vertically elongated slots as claimed.  Therefore, the values          
         of vertical pitch recited in independent claim 1 are still not             
         taught by the combination of Thompson-Russell and Hirabayashi.             
                                         9                                          




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