Ex Parte Kobayashi et al - Page 3




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

         Tamura et al. (Tamura)         WO 99/44094        Sep. 02, 1999            
         (published International Patent Application)1                              
              Claims 1-12 stand rejected under 35 U.S.C. § 103 as                   
         unpatentable over Tamura in view of Stein (Answer, page 3,                 
         referring to the rejection as set forth in Paper No. 8).  We               
         affirm this ground of rejection for the reasons set forth below.           
         OPINION                                                                    
              The examiner finds that Tamura discloses a conventional               
         liquid crystal cell comprising an ITO (indium tin oxide)                   
         electrode, a functional layer (transparent insulating layer 27 or          
         the SiN/SiO layer as both are insulative), and an insulating               
         substrate, where the index of refraction for the layers are                
         within 0.2 of each other (Paper No. 8, unnumbered page 3).  The            
         examiner further finds that Tamura teaches that it was well known          
         to match the index of refraction of different layers of a liquid           
         crystal cell (id.).  Furthermore, the examiner finds that the              
         refractive index of the ITO electrode in Tamura is 1.9-2.0 (id.,           
         citing Table 1), the refractive index of the gate insulating film          
         is 1.5-1.6, the refractive index of glass is 1.5, and thus Tamura          
         teaches a difference of 0.4 between the largest and smallest               
         refractive indices of the substrate, the electrode (the ITO                

              1We rely upon and cite from a full English translation of             
         this document, previously made of record.                                  
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