Appeal No. 2004-0632
Application No. 09/748,312
paragraph). Tamura also teaches that it is possible to change
the refractive index of the ITO (electrode) film, thus also
suggesting the control of this variable (page 6, first paragraph
after Table 1).
For the foregoing reasons, we determine that the examiner
has established a prima facie case of obviousness based on the
reference evidence. Based on the totality of the record,
including due consideration of appellants’ arguments, we
determine that the preponderance of evidence weighs most heavily
in favor of obviousness. Accordingly, we affirm the examiner’s
rejection of the claims on appeal under 35 U.S.C. § 103 over
Tamura in view of Stein.
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