Ex Parte Geisow et al - Page 9

               Appeal 2006-3072                                                                            
               Application 10/419,763                                                                      

               different properties (see Br. 7).  These claims also do not require the                     
               anchoring energies of the surfaces of the cell walls to affect the alignment of             
               the liquid crystal material to any particular extent.                                       
                      We find that Walton would have disclosed to one of ordinary skill in                 
               this art a liquid crystal device in which the degree of tilted-off homeotropic              
               alignment of the liquid crystal material is controlled by at least one                      
               polymerized mesogenic material alignment layer in contact with the liquid                   
               crystal material (Walton, e.g., col. 2, ll. 49-67; col. 3, l. 66, to col. 4, l. 3; col.     
               4, ll. 14-17 and 29-65; col. 5, ll. 25-34; col. 11, ll. 36-67; and col. 11,    l. 21,       
               to col. 12, l. 12).  By way of background, Walton acknowledges “[i]t is very                
               well known to provide a rubbed alignment layer to control the alignment and                 
               pretilt angle of adjacent liquid crystal molecules,” which “requires the use of             
               specific combinations of the liquid crystal layer and alignment layer,” as                  
               well as methods “which do not require rubbing of the alignment layer” (id.                  
               col. 1, l. 19, to col. 2, l. 46).  The “titled-off” homeotropic alignment                   
               generally has “a slight tilt (typically 1-10°) away from the homeotropic (90°)              
               alignment” (id. col. 2, ll. 29-31; see also col. 11, ll. 21-35).                            
                      Walton teaches the use of at least one tilted-off homeotropic                        
               alignment layer formed from a mixture of first and second mesogenic                         
               materials that have at least one polymerizable function group, wherein (1)                  
               the number of polymerizable functional groups of the second mesogenic                       
               material is less that that of the first mesogenic material, and (2) the ratio of            
               the first and second materials in the mixture is selected to provide a pre-                 
               determined pretilt angle to liquid crystal molecules in the liquid crystal layer            
               (Walton, e.g., col. 2, ll. 55-67; col. 3, ll. 1-9; col. 3, l. 56, to col. 4, l. 3; and      


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