Ex Parte Yagi et al - Page 2




                   Appeal No. 2006-1872                                                                                                                                  
                   Application No. 09/769,376                                                                                                                            
                                                                       INTRODUCTION                                                                                      
                             The subject matter of the claims relates to a resin substrate for optical use and suitable as                                               
                   a liquid-crystal cell substrate (specification, p. 1, ¶ 1).  According to the specification, in a liquid-                                             
                   crystal cell substrate, surface smoothness is a concern.  This is because high surface roughness                                                      
                   tends to result in alignment defects, such as Williams domains, which considerably influence                                                          
                   display quality including contrast and visibility (specification, p. 1, ¶ 2).  Appellants’ claims are                                                 
                   directed to structures that have a surface roughness Ra of 0.8 nm or lower.  Claim 1 is                                                               
                   illustrative:                                                                                                                                         
                             1.   A liquid-crystal cell substrate which comprises a multilayer structure having a                                                        
                             surface roughness, Ra, of 0.8 nm or lower on at least one side and having an average                                                        
                             thickness of from 100 to 800µm, wherein the multilayer structure comprises a layer of a                                                     
                             cured epoxy resin as a base layer.                                                                                                          
                             The Examiner relies on the following prior art references to show unpatentability:                                                          
                   Kon et al. (Kon)                                                6,136,444                                          Oct.  24, 2000                     
                   (filed: Feb. 1, 1996)                                                                                                                                 
                   Beeson et al. (Beeson)                                      6,261,664                                            Jul.  17, 2001                       
                   (filed : Oct. 4, 1999)                                                                                                                                
                   Sugawa et al. (Sugawa)                                     6,500,518                                          Dec. 31, 2002                           
                   (filed: May 6, 1999)                                                                                                                                  

                             The rejections maintained by the Examiner are as follows:1                                                                                  
                        1. Claims 1, 4, and 5 are rejected under the judicially created doctrine of obviousness-type                                                     
                             double patenting as being unpatentable over claim 1 of Sugawa.                                                                              
                        2. Claims 1 and 3-6 are rejected under 35 U.S.C. § 102(e) as anticipated by Sugawa.                                                              
                        3. Claims 1 and 3-5 are rejected under 35 U.S.C. § 102(e) as anticipated by Kon.                                                                 

                                                                                                                                                                        
                   1 The Examiner withdrew a rejection under 35 U.S.C. § 112, ¶ 2 (Answer, § 6 on page 2).                                                               

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