Ex Parte Goldstein et al - Page 5



                Appeal 2006-2258                                                                             
                Application 10/170,116                                                                       

                Therefore we REVERSE the rejection of claims 1, 2, 8, and 11 under                           
                § 102(b) over Haven.                                                                         
                      B.  The Rejections under § 103(a)                                                      
                      The Examiner applies Haven as discussed above (Answer 4).  The                         
                examiner has construed claims 5 and 12 as requiring an arrangement where a                   
                color filter is deposited between the faceplate panel and the phosphor layer                 
                (Answer 4, “EXAMINER’S NOTE”).  The Examiner recognizes that Haven                           
                does not disclose or suggest such an arrangement (id.).  Therefore the                       
                Examiner applies Koike for the teaching of a similar method of making a                      
                phosphor screen on a faceplate having a light-absorbing matrix, where a                      
                pigmented layer is placed between each color phosphor and the screen to                      
                improve the color purity (id.).  From these findings, the Examiner concludes                 
                that it would have been obvious to one of ordinary skill in the art at the time              
                of Appellant’s invention to have deposited the color filter of Koike between                 
                the faceplate and phosphor in the method of Haven to improve the purity of                   
                the transmitted color (Answer 4-5).  With regard to the rejection of claims 4                
                and 10, the Examiner additionally applies Yamato as evidence that fillers                    
                were conventional additives for use in positive photoresists, such as the                    
                photoresist taught by Haven (Answer 7).                                                      
                      Appellant presents the same arguments against Haven as discussed                       
                above (Br. 8-9).  However, these arguments are not persuasive since Koike                    
                provides the motivation (improved color purity) to modify the method taught                  
                by Haven.  We also note that Appellant admits that it was known in the art to                
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