Ex parte KUSUNOKI et al.

Board of Patent Appeals and Interferences

Jul 29, 1998

08430144 (B.P.A.I. Jul. 29, 1998)

Application for patent filed April 26, 1995. According1
to applicants, the application is a continuation of
Application 08/034,890, filed March 19, 1993, abandoned.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte TSUNEO KUSUNOKI,
NORIHIRO TATEYAMA
AND KATSUTOSHI OHNO
_____________
Appeal No. 96-3843
Application 08/430,1441
______________
ON BRIEF
_______________
Before HAIRSTON, MARTIN, and LEE, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
Appeal No. 96-3843
Application No. 08/430,144
2
Appeal No. 96-3843
Application No. 08/430,144
3
DECISION ON APPEAL
This is an appeal from the final rejection of claims 4
through 8.
The disclosed invention relates to a cathode ray tube
that has a color filter layer sandwiched between a phosphor
layer and an inner surface of a panel. The color filter layer
comprises at least two different color filters aligned with
corresponding color phosphors in the phosphor layer. Each of
the at least two different color filters transmits light of
the color of its corresponding phosphor.
Claim 4 is the only independent claim on appeal, and it
reads as follows:
4. A cathode ray tube comprising:
a panel; and
a phosphor screen formed of a phosphor layer having at
least two different color phosphors at separate locations of
said screen, and a color filter layer having at least two
different color filters aligned with corresponding color
phosphors at said locations, each of said color filters
comprising a filter coating film which transmits light of the
color of its corresponding phosphor, said phosphor screen
being formed on an inner surface of said panel, wherein said
color filter layer is formed between said phosphor layer and
the inner surface of said panel.
The references relied on by the examiner are:
Appeal No. 96-3843
Application No. 08/430,144
4
Gallaro et al. (Gallaro) 3,891,440 June
24, 1975
Libman 4,392,077 July 5,
1983
Claims 4 through 8 stand rejected under 35 U.S.C. § 103
as being unpatentable over Libman in view of Gallaro.
Reference is made to the briefs and the answer for the
respective positions of the appellants and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will sustain the obviousness rejection of claims 4
through 8.
Libman discloses (Figure 5) a panel 78, a phosphor screen
86, 88 and 90, and a color filter layer 98, 100 and 102
sandwiched between the phosphor screen and an inner surface of
the panel. The phosphors 86, 88 and 90 “emit, when excited,
red, green and blue light, respectively” (column 7, lines 20
through 22). The color filters 98, 100 and 102 “have a body
color corresponding generally to the color of light emitted by
the associated phosphor layer” (column 7, lines 46 through
48).
Appellants argue (Brief, page 5) that “[c]learly, claim 4
Appeal No. 96-3843
Application No. 08/430,144
5
distinguishes since Libman does not disclose a layer but
rather spaced reflective particles.” Although the color
filter in Libman is made of a “shallow, random, clumped,
discontinuous, open dispersion of contrast-enhancing
particles” (column 7, lines 35 through 39), the color filter
is still in the form of layers or elongate strips, albeit
porous layers or strips. Nothing in the claims on appeal
precludes a porous filter.
Appellants also argue (Brief, page 5) that “Libman does
not disclose a filter coating film which transmits light of
the color of its corresponding phosphor.” As indicated supra,
each of the color filters 98, 100 and 102 is of a color that
corresponds to the color of the light emitted by the
corresponding phosphors. Libman states (column 8, lines 47
through 51) that the light from the phosphors is transmitted
through openings 112 in the dispersion of pigment particles in
the color filters 98, 100 and 102. Nothing in the claims on
appeal precludes the transmission of light through openings in
each of the color filter layers.
In view of the presence of a color filter layer in
Appeal No. 96-3843
Application No. 08/430,144
We note in passing that prior art Figure 2 in Libman2
discloses green, red and blue optically continuous color
filters 22 aligned with corresponding green, red and blue
color phosphors 20. The color filters 22 are sandwiched
between the color phosphors 20 and a faceplate panel 16.
Although the use of optically continuous color filters in
cathode ray tubes is known, Libman states (column 2, lines 47
through 56) that they are too expensive for commercial use.
6
Libman , the examiner did not have to turn to the teachings of2
Gallaro to demonstrate the obviousness of the claimed
invention. Although the obviousness rejection is based on
Libman in view of Gallaro, it is permissible to affirm the
examiner’s rejection in light of Libman alone without
designating the affirmance as a new ground of rejection. See
In re Bush, 296 F.2d 491, 496, 131 USPQ 263, 266-67 (CCPA
1961). The obviousness rejection of claim 4 is sustained.
The obviousness rejection of claims 5, 6 and 8 is likewise
sustained because of appellants’ grouping of the claims
(Brief, page 5).
The obviousness rejection of claim 7 is sustained because
the color phosphors and the color filters in Libman are
“arranged in elongate strips.”
Appeal No. 96-3843
Application No. 08/430,144
7
DECISION
The decision of the examiner rejecting claims 4 through 8
under 35 U.S.C. § 103 is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOHN C. MARTIN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JAMESON LEE )
Administrative Patent Judge )
Appeal No. 96-3843
Application No. 08/430,144
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