Ex Parte Geisow et al - Page 11

               Appeal 2006-3072                                                                            
               Application 10/419,763                                                                      

               applied field that is overcome “by an alignment layer of the present                        
               invention which produces a small surface pre-tilt away from 90°” resulting                  
               in “a single favoured [sic] direction for tilting . . . when a voltage is applied”          
               (id. col. 9, l. 51, to col. 10, l. 11, and Figs. 7A-B).                                     
                      We find Nakamura would have acknowledged chiral smectic liquid                       
               crystal devices have problems arising from the liquid crystal molecules                     
               forming two types of chevron-shaped layer structures between the liquid                     
               crystal cell walls which have been addressed by providing a pretilt angle to                
               uniformly direct the chevron layer structure in one direction, and by                       
               converting “a bent chevron structure into a bookshelf layer structure wherein               
               smectic layers are aligned with little inclination from those perpendicular to              
               the” cell walls (Nakamura col. 1, l. 53, to col. 2, l. 49).  Nakamura further               
               acknowledges with respect to liquid crystal materials providing a bookshelf                 
               structure or a structure close thereto, that “[g]enerally, . . . these liquid               
               crystal materials including a mesomorphic compound having a                                 
               perfluoroether terminal chain do not assume cholesteric phase and it is                     
               difficult to finally produce a sufficiently good alignment state” (id. col. 2, ll.          
               59-63).                                                                                     
                      Nakamura would have disclosed to one of ordinary skill in this art that              
               this problem can be addressed in a liquid crystal device in which the liquid                
               crystal layer is a mesomorphic compound with perfluoroether terminal                        
               chains that lacks a cholesteric phase and stably assumes “a bookshelf                       
               structure or structure close thereto,” when the liquid crystal layer is                     
               contacted on opposite sides by substrates having different surface energies                 
               (Nakamura, e.g., col. 2, l. 66, to col. 3, l. 30, col. 3, ll. 36-65, col. 4, l. 33, to      


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