Ex Parte Hamilton - Page 8



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

         by Albert.  Appellant’s arguments notwithstanding, we agree with           
         the examiner that the teachings of Albert are combinable with the          
         teachings of Bloch for the limited purpose of making the display           
         label in Bloch a bistable display.                                         
         With respect to independent claims 9 and 18, we will sustain               
         the examiner’s rejection.  These claims differ from claims 1 and           
         10 in the recitation of “user configurable pattern electrodes”             
         and “configuring a set of electrodes.”  Appellant asserts that             
         configuration of the electrodes in Bloch is transparent to the             
         user so that they are not user configurable.  The examiner                 
         asserts that electrodes 316 in Bloch are shaped to display all             
         numbers and letters.  As with the term “label” discussed above,            
         it is not clear that the examiner and appellant have interpreted           
         “user configurable pattern electrodes” in the same manner.  We             
         note that Bloch teaches that the display can use seven segment             
         devices, 12 segment devices or 5x7 dot matrix elements [column 4,          
         lines 40-48].  Each of these display configurations would have a           
         different pattern of electrodes.  Thus, we are of the view that            
         the user selection of the type of display in Bloch, each of which          
         has a different pattern of electrodes, represents user                     
         configurable pattern electrodes within the broadest reasonable             

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