Appeal No. 2005-1431
Application 09/442,070
Appellants argue that Advanced Display's requirement for a specific identification
of the part or parts of a document which are being incorporated by reference should be
understood as limited to situations which do not involve an express incorporation by reference.
Supplemental Reply at 8. As support for this view, appellants note, correctly, the absence of an
express incorporation by reference in de Seversky, Saunders, or Lund. Supplemental Reply
at 9-11. This argument is unconvincing because, although not noted by the Federal Circuit,
Advanced Display involved express incorporations by reference, including:
The first portion of the practice of the present invention, i.e., applying an
electrical field to a liquid crystalline material in either the Grandjean or focal-
conic texture of the cholesteric mesophase to transform the material into the
nematic mesophase, the applied electrical field being within the cholesteric to
nematic electrical field range of said liquid crystalline material, is amply
described in U.S. Pat. No. 3,652,148, hereby expressly incorporated by reference.
While that patent is generically directed to the broader invention of transforming
an optically negative liquid crystalline material into an optically positive liquid
crystalline material by applying an electrical field across the material, the lists of
liquid crystalline materials and mixtures thereof, the description of cell
fabrication, the electrical field strengths required for phase transformation, etc.,
are described in detail in U.S. Pat. No. 3,652,148. These need not be elaborated
upon herein. Furthermore, a whole host of liquid crystalline materials and
mixtures thereof typically suitable for providing a liquid crystalline material in
the Grandjean or focal-conic textures of the cholesteric mesophase are listed in
U.S. Pat. Nos. 3,704,056 and 3,680,950 hereby expressly incorporated by
reference.
Hass patent, col. 3, l. 49 to col. 4, l. 4 (emphasis added). In addition, the Hass patent states:
The optically active material can be either mesomorphic or non-mesomorphic, as
is well-known in the art. See, for example, U.S. Pat. No. 3,909,114, hereby
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