Appeal No. 1999-0310 5
Application No. 08/225,267
1971). It is well settled that "objective evidence of nonobviousness must be
commensurate in scope with the claims . . . ." (quoting In re Lindner, 457 F.2d 506,
508, 173 USPQ 356, 358 (CCPA 1972)). In re Dill, 604 F.2d 1356, 1361,
202 USPQ 805, 808 (CCPA 1979) ("The evidence presented to rebut a prima facie
case of obviousness must be commensurate in scope with the claims to which it pertains.")
The comparison present in the Declaration is directed to four examples containing
a mixture of 9 to 10 liquid crystal compounds. As the declarant has stated ,
some of the most important requirements to be met by
technically and commercially usable liquid crystalline
mixtures exhibiting a positive dielectric anisotropy for
active matrix liquid-crystal displays are the following:
(a) a broad temperature range of nematic liquid crystalline
mesophase,
(b) a low viscosity which is important for achieving a
short response time,
© a high dielectric anisotropy which is important in
achieving a low threshold voltage,
(d) high values of the voltage holding ratio (HR) even
after high temperature treatment;
THAT until now no single compound has been found
which fulfills all of these requirements; thus , liquid
crystalline dielectrics for electrooptical displays usually
are mixtures of at least three liquid crystalline components,
while technically and commercially used high performance
liquid crystalline dielectrics contain five to more than ten
such compounds; [Plach Declaration, p. 2.]
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