Ex Parte Serbutoviez et al - Page 3




                     [A] mixture of an ethoxylated acrylate monomer, which is instead readily miscible                  
                     with the liquid crystal, coupled with an acrylate monomer, which is instead poorly                 
                     miscible with the liquid crystal is the result of routine experimentation by one of                
                     ordinary skill in the art at the time the invention was made, within the realm of the              
                     invention of Masayuki, because it follows the same principle of                                    
                     miscible/immiscible acrylate mixture which results in good control of the phase                    
                     separation structure of the polymer dispersed liquid crystal.                                      
              (Examiner’s Answer, p. 4).                                                                                


                                                    Findings of Fact                                                    
              1.     The real party in interest in Serbutoviez, U.S. Application No. 09/877,312 is U.S. Philips         
              Corporation.  (Brief, p. 2).                                                                              


              2.     The 09/877,312 application was filed on June 8, 2001.                                              


              3.     The rejection of claims 5 and 7-9 are presently on appeal.  (Brief, p. 2).                         


              4.     Claim 5 of Serbutoviez ‘312 reads as follows:                                                      
                     A polymerizable mixture which can suitably be used in a polymer-dispersed liquid                   
                     crystal cell, which mixture comprises reactive monomers and a photoinitiator,                      
                     characterized in that the mixture contains two types of non-volatile reactive                      
                     monomers, the first type of monomer being an ethoxylated acrylate and readily                      
                     miscible with a liquid crystalline material and the second type of monomer being                   
                     poorly miscible with said liquid crystalline material.                                             

              5.     Claim 7 of Serbutoviez ‘312 reads as follows:                                                      
                     A polymerizable mixture as claimed in claim 5, characterized in that the quantity                  
                     of each of the two types of monomers is at least 20 % by weight, calculated with                   
                     respect to the overall quantity of both types of monomers.                                         

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