Ex Parte Hamilton - Page 5



         Appeal No. 2006-0785                                                       
         Application No. 09/683,531                                                 

         bistable display device.  The examiner finds that it would have            
         been obvious to the artisan to modify Bloch’s display label to be          
         a bistable display as taught by Albert [answer, pages 3-8].                
         Appellant argues that the claimed invention is directed to a               
         label having certain claimed features whereas Bloch teaches these          
         features incorporated directly on or in a housing of a floppy              
         disk.  Appellant asserts that Bloch does not disclose, suggest or          
         contemplate a label of any type having the claimed features.               
         Appellant also argues that Albert fails to disclose or suggest an          
         addressable display usable as a label for recordable media and             
         having the claimed features [brief, pages 9-12].                           
         The examiner responds that Bloch and Albert both teach a                   
         display that is usable as a label.  The examiner reiterates that           
         Bloch teaches all the features related to the claimed label and            
         that Albert teaches the advantages of a bistable display device            
         [answer, pages 8-13].                                                      
         Appellant responds that Bloch teaches a specially-designed                 
         floppy disk housing rather than the display label as claimed.              
         With respect to independent claims 9 and 18, appellant                     
         additionally argues for the first time that Bloch fails to                 
         disclose the claimed user configurable pattern electrodes.                 

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