Ex Parte Mishima - Page 4


               Appeal Number: 2005-2227                                                                   Page 4                
               Application Number: 09/845,356                                                                                   

               invention must be expressly suggested in any one or all of the references.  Rather, the test is what             
               the combined teachings of the references would have suggested to those of ordinary skill in the                  
               art.@);  In re Burckel, 592 F.2d 1175, 1179, 201 USPQ 67, 70 (CCPA 1979). “[A] reference must                    
               be considered not only for what it expressly teaches, but also for what it fairly suggests.”); and In            
               re Bascom, 43 CCPA 837, 230 F.2d 612, 614, 109 USPQ 98, 100 (1956)(A[T]he proper inquiry                         
               should not be limited to the specific structure shown by the references, but should be into the                  
               concepts fairly contained therein, and the overriding question to be determined is whether those                 
               concepts would suggest to one skilled in the art the modification called for by the claims.@).                   
                      The prior art supports the Examiner’s determination that it was within the capabilities of                
               the ordinary artisan to select known light-emitting materials to obtain a white light-emitting                   
               device.  According to Egusa, “when a plurality of dye are dispersed in the first organic dye as the              
               second organic dye, light-emission characteristics with many wavelengths can be obtained.                        
               More specifically, when the second organic dye is selected, light-emission intensities of red,                   
               green, and blue can be controlled, thereby efficiently obtaining white light emission.” (Egusa,                  
               col. 26, ll. 22-28).  While Egusa does not require the use of red, green, and blue light-emitting                
               materials for white-light emission it is reasonable to conclude from the disclosure that it was well             
               known to use a red-emitting material to supply red wavelengths of light, a green-emitting                        
               material to supply green wavelengths of light, and a blue-emitting material to supply the blue                   
               wavelengths of light.  The references as a whole provide evidence that selection of known red,                   
               blue, and green light-emitting materials to obtain a white light-emitting layer was within the                   
               capabilities of those in the art.  That red, green, and blue light-emitting materials were known in              
               the art is evidenced from the prior art as a whole.  As found by the Examiner, and not disputed                  
               by Appellant, tris(2-phenylpyridine) iridium complex (Ir(ppy)3) was known to be a green-                         






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