Ex Parte Kobayashi et al - Page 2




         Appeal No. 2004-0632                                                       
         Application No. 09/748,312                                                 

         a functional thin film formed on at least one of the pair of               
         substrates (Brief, paragraph bridging pages 3-4).  Appellants              
         have found that keeping the refractive index differences between           
         0.0 and 0.3 improves the contrast of the liquid crystal element,           
         where this difference is between the largest refractive index and          
         the smallest refractive index among the at least one of said pair          
         of substrates, said functional thin film, and said electrode               
         (Brief, page 4).  Appellants state that claims 1-12 stand or fall          
         together (Brief, page 8) and therefore we select and limit our             
         consideration in this appeal to independent claim 1.  See 37 CFR           
         § 1.192(c)(7)(2000).  Representative independent claim 1 is                
         reproduced below:                                                          
              1. A liquid crystal element, comprising:                              
              a liquid crystal layer disposed between a pair of                     
         substrates, an electrode and a functional thin film formed on at           
         least one of said pair of substrates,                                      
              wherein a refractive index difference between a largest               
         refractive index and a smallest refractive index among refractive          
         indexes of said at least one of said pair of substrates, said              
         electrode formed on said at least one of said pair of substrates           
         and said functional thin film formed on said at least one of said          
         pair of substrates is in a range from 0 to 0.3.                            
              The examiner has relied upon the following references as              
         evidence of obviousness:                                                   
         Stein et al. (Stein)           6,322,860          Nov. 27, 2001            
         (filed Nov. 2, 1998)                                                       

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