Ex Parte Matthies - Page 3




             Appeal No. 2005-1037                                                                              
             Application No. 09/904,269                                                                        


                   Baker teaches a method whereby an LCD tile and cover panel are combined.                    
             Col. 2, line 60-col. 3, line 19.  The two are held in place by vacuum chucks. Col. 2, line        
             60-col. 3, line 19.  In the examiner’s view, it would have been obvious to flatten the            
             sheets or hold them in a flat configuration during manufacturing to eliminate wrinkles            
             and defects within the apparatus.  Examiner’s answer, pages 5-6.  Also, the examiner              
             argues that when the sheets in Baker are subjected to a vacuum, they are temporarily              
             flattened to some degree.  Examiner’s answer, page 6.                                             
                   In the appellant’s view, sheets are usually processed unflattened and it would not          
             be obvious to use a vacuum chuck to flatten the sheets.  Reply brief, page 2.  Further,           
             the appellant argues that if a sheet were sufficiently stiff, a vacuum chuck would not            
             flatten it.  Reply brief, page 2.  So, Baker’s invention does not flatten the sheet.              
                   We hold that Baker teaches temporarily flattening a sheet.  We note that while              
             Baker does not explicitly teach flattening a sheet for reducing warpage, it does teach            
             using a vacuum chuck to secure a sheet.  Although the sheet may be stiff or thick,                
             under a vacuum chuck, in our view, it will be flattened to at least some degree.  The             
             appellant has not specified the degree of flatness in claim 1.                                    
                   In addition, the structure of appellant’s and Baker’s invention is essentially the          
             same.  In both instances, a vacuum chuck holds a sheet in place during manufacture.               
             The only alleged difference is in the functional language of the appellant’s claims.  In          
             addition to placing the sheet on a vacuum chuck, appellant claims the vacuum chuck                



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