Ex Parte Serbutoviez et al - Page 7




                     According to the rejection, Masayuki teaches a liquid crystal display manufactured from a          
              mixture containing two types of compounds: 1a) an ethoxylated acrylate monomer, specifically              
              identified by the examiner as a nonyl-phenol EO acrylate; and 1b) an acrylate oligomer.                   
              (Examiner’s Answer, p. 3).   Relying upon the Masayuki paragraph 13, the rejection states that            
              the ethoxylated acrylate of Masayuki is poorly miscible with the liquid crystalline material and          
              that the oligomer is readily miscible.  (Examiner’s Answer, p. 4).  The rejection holds that “the         
              ethoxylated acrylate used by Masayuki is a species of the ethoxylated acrylate genus recited by           
              Appellant in independent claims 5, 9.”  (Examiner’s Answer, p. 7).                                        
                     On the other hand, we observe that the computer translation of Masayuki is difficult to            
              understand.  For example, Masayuki paragraph 13 provides the following statement regarding the            
              miscibility of the monomer and oligomer:                                                                  
                     As a monomer material, the single organic-functions acrylate monomer expressed                     
                     with a general formula 1 [a nonyl-phenol EO acrylate having 3 to 9 ethylene oxide                  
                     units] from the interaction in an interface being weak and low-battery-ization                     
                     being achieved is desirable after that compatibility with the liquid crystal before                
                     hardening is good, and hardening.  Moreover, only by the single organic-functions                  
                     acrylate monomer, since hardenability is bad and control of phase separation                       
                     structure is difficult, PDLC suitable for the display device is formed by using                    
                     together the good acrylic ester oligomer of compatibility with liquid crystal.                     
              (Masayuki, paragraph 13, brackets added).  For purposes of our review, we will assume that the            
              examiner’s statement regarding the miscibility of the monomer and the immiscibility of the                
              oligomer in Masayuki is correct.                                                                          
                     A comparison between the mixture of Serbutoviez’s claims 5 and 9 the mixture of                    
              Masayuki is provided below with the differences highlighted in bold:                                      




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