Ex Parte Geisow et al - Page 6

               Appeal 2006-3072                                                                            
               Application 10/419,763                                                                      

               level . . . providing the motivation to use it to modify Walton” whose                      
               “ultimate objective is to minimize the number of defects in the liquid crystal              
               alignment,” thus addressing “the common problem of providing a defect-                      
               free alignment of liquid crystal” (id. 7-8, citing Nakamura col. 13, ll. 13-18).            
               The Examiner contends “Walton teaches that the mesogenic alignment layer                    
               is formed from a mixture of first and second polymerizable liquid crystal                   
               monomers,” and Nakamura teaches the “concept of suppressing the                             
               occurrence of alignment defects . . . through appropriate design of the                     
               alignment control layers of the substrates” including its anchoring energy,                 
               thus enabling one of ordinary skill in this art to arrive at the claimed                    
               invention (id. 8-9 and 9-10, citing Walton col. 5, ll. 1-6, and Nakamura col.               
               13, ll. 13-18, and col. 5, ll. 38-45).  With respect to claim 2, the Examiner               
               contends different polymerizable liquid crystals have different                             
               polymerization temperatures (id. 11).                                                       
                      In the Reply Brief, Appellants contend one of ordinary skill in this art             
               would not have modified Walton in light of the teachings of Nakamura                        
               because Walton and Nakamura differ in the type of liquid crystal devices                    
               with respect to liquid crystal materials, alignment layers, mechanisms and                  
               defects, and on this basis, respond to specific findings of the Examiner in the             
               Answer (Reply Br. 2-6).  Appellants point out Walton discloses “near-                       
               homeotropic alignment of liquid crystal devices” generally containing                       
               nematic liquid crystal materials while Nakamura discloses “homogeneous                      
               alignment” 2 devices containing chiral smectic liquid crystal materials which               

                                                                                                          
               2  Appellants disclose the principal alignments “homeotropic,” where the                    
               molecules are “substantially perpendicular to the plane of the cell walls,”                 
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