Ex Parte Leu et al - Page 6




              Appeal No. 2005-2181                                                                 Page 6                
              Application No. 10/044,268                                                                                 


                     The examiner argues that the motivation to combine the two references arises                        
              from the Rancourt reference which teaches that indium-tin oxide is an available known                      
              substitute for zirconium oxide.                                                                            
                     We find that Rancourt describes an optical filter assembly to reduce glare and                      
              increase image contrast for use with cathode ray tubes (col. 1, lines 61 to 64).  The                      
              optical filter assemble, in one example, comprises a two layer nonabsorbing optical                        
              coating having a layer of achromatizing material M over an aluminum oxide film.  The M                     
              material may be cerium stannate, zirconium oxide or indium-tin oxide (col. 4, lines 16 to                  
              22).                                                                                                       
                     We will not sustain this rejection.  In our view, there is no motivation or                         
              suggestion to modify the zirconium oxide material in Pelekhaty used to form reflective                     
              mirrors so as to reflect certain channel wavelengths with the indium tin oxide used as an                  
              achromatizing material in the Rancourt device which is designed to reduce glare and                        
              increase image contrast in a cathode ray tube.   Even though Pelekhaty and Rancourt                        
              both describe zirconium oxide, the zirconium oxide is not used for the same purpose or                     
              in the same environment.  As such, while Rancourt teaches that zirconium oxide and                         
              indium-tin oxide are exchangeable, this teaching is limited to the use in cathode ray                      
              tubes.  In regard to the examiner’s reasoning that the motivation to modify the Pelekhaty                  
              device such as to include indium-tin oxide instead of zirconium oxide is to improve the                    
              transmission of light and increase scratch resistance, we note that Pelekhaty does not                     








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