Ex Parte JOHNSON et al - Page 5



          Appeal No. 2002-1042                                                        
          Application No. 09/262,102                                                  

          given contrast ratio is observable.  The examiner finds that it             
          would have been obvious to the artisan to change the voltage                
          across pixels of the IBM display in order to produce different              
          viewing angles [answer, pages 3-4].                                         
          With respect to claims 1 and 3-8, which stand or fall                       
          together [brief, page 4], appellants argue that nothing in IBM              
          teaches or suggests that the viewing angle of the display can or            
          should be user-adjustable.  Appellants note that the shifting of            
          the transmittance across the panel has nothing to do with varying           
          the viewing angle [brief, pages 4-8].                                       
          The examiner responds that there is nothing in the                          
          specification that discloses that the voltage range variation is            
          done through a user adjustment.  The examiner asserts that there            
          is no apparent reason that prevents a user working on the IBM               
          device from changing the voltage range to adjust the viewing                
          angle of the display [answer, pages 5-6].                                   
          Appellants respond that nothing in the IBM text suggests                    
          that it is desirable that voltage ranges be user-adjustable so as           
          to produce different viewing angles.  Appellants also assert that           
          the examiner’s response with respect to the specification has               
          nothing to do with this rejection based on prior art.  Finally,             
          appellants assert that the examiner has essentially admitted that           
                                         -5–                                          




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