Ex Parte 6703988 et alDownload PDFBoard of Patent Appeals and InterferencesSep 1, 200990007318 (B.P.A.I. Sep. 1, 2009) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte FERGASON PATENT PROPERTIES, LLC, Appellant and Patent Owner ____________ Appeal 2009-010985 Reexamination Control 90/007,318 Patent 6,703,988 B1 Technology Center 3900 ____________ Decided: September 01, 2009 ____________ Before ROBERT E. NAPPI, SCOTT R. BOALICK, and KEVIN F. TURNER, Administrative Patent Judges. TURNER, Administrative Patent Judge. DECISION ON APPEAL FERGASON PATENT PROPERTIES, LLC1 appeals under 35 U.S.C. §§ 134(b) and 306 from a final rejection of claims 3-29, 31, 32, 35-37, and 39-68. We have jurisdiction under 35 U.S.C. §§ 134(b) and 306. We AFFIRM-IN-PART. 1 Fergason Patent Properties, LLC is the real party in interest and the current owner of the patent under reexamination. Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 2 STATEMENT OF THE CASE This proceeding arose from a request for ex parte reexamination filed by Fergason Patent Properties, LLC, on November 24, 2004, of United States Patent 6,703,988 B1 issued to James L. Fergason on March 9, 2004, based on United States Application 09/611,541 filed July 7, 2000. Patentee’s invention relates to three-dimensional display systems (Spec. Col. 1, ll. 10-15). The apparatus includes two flat panel displays (12a, 12b), which are arranged at an angle relative to each other, and a beam splitter (14) at the bisectrix between the two displays. A stereoscope image is obtained by left and right eye images being presented by the displays which have different, discernable polarizations (id. at col. 2, 30-48; Fig. 1). Claims 3, 10, and 45, which we deem to be representative, read as follows (where mark-ups to those claims have been omitted): 3. A display system comprising a pair of displays, each having a polarized light output, the polarization direction for both displays being the same, the displays being at an angle to each other, and a beam splitter so positioned relative to the two displays at the bisectrix of said angle to combine images from the displays whereby one image is transmitted by the beam splitter and the other image is reflected by the beam splitter to provide direct view of images from the displays, and wherein the displays and the beam splitter are in respective planes that are parallel to a common linear axis, wherein light output from the displays is linear polarized, wherein the light output incident on the beam splitter from one of the displays has a polarization direction at 45 degrees to the linear axis prior to reflection, the light output being transmitted along an optical path, Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 3 whereby upon reflection by the beam splitter of the polarization direction of the reflected linear polarized light relative to the polarization direction of the linear polarized light prior to reflection is rotated 90 degrees about the optical path, and wherein the displays are identical flat panel LCDs and the polarization of the LCDs are at 45 degrees to the horizontal, whereby an image from one LCD transmitted through the beam splitter for viewing and the image from the other LCD which is reflected from the beam splitter will have linear polarization at right angles. 10. A display system comprising a pair of displays, each having a polarized light output, the polarization direction for both displays being the same, the displays being at an angle to each other, and a beam splitter so positioned relative to the two displays at the bisectrix of said angle to combine images from the displays whereby one image is transmitted by the beam splitter and the other image is reflected by the beam splitter to provide direct view of images from the displays, and wherein the displays and the beam splitter are in respective planes that are parallel to a common linear axis, wherein light output from the displays is linear polarized, wherein the light output incident on the beam splitter from one of the displays has a polarization direction at 45 degrees to the linear axis prior to reflection, the light output being transmitted along an optical path, whereby upon reflection by the beam splitter the polarization direction of the reflected linear polarized light relative to the polarization direction of the linear polarized light prior to reflection is rotated 90 degrees about the optical path, and wherein a stereo signal is received as a stereo pair, one of the stereo pairs is provided to one display and the other of the stereo pairs is provided to the other display, and the display Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 4 viewed through the beam splitter is scanned from left to right and the display that is reflected by the beam splitter for viewing is scanned from right to left. 45. A display system comprising a pair of displays, each having a polarized light output, the polarization for both displays being the same, the displays being at an angle to each other, and a beam splitter so positioned relative to the two displays at the bisectrix of said angle to combine images from the displays whereby one image is transmitted by the beam splitter and the other image is reflected by the beam splitter to provide direct view of images from the displays, and wherein the displays and the beam splitter are in respective planes that are parallel to a common linear axis, wherein the light incident on the beam splitter from the two displays has circular polarization in the same sense, whereby upon reflection by the beam splitter the polarization sense of the reflected circular polarized light is reversed relative to the polarization sense of the circular polarized light prior to reflection. The prior art references relied upon by the Examiner in rejecting the claims and supporting those rejections are: Huffman 2,845,618 Jul. 29, 1958 Tilton 5,283,640 Feb. 1, 1994 Eichenlaub 5,410,345 Apr. 25, 1995 McNelley 5,777,665 Jul. 7, 1998 Yasui 6,163,022 Dec. 19, 2000 Ngoi 6,271,924 B1 Aug. 7, 2001 Kim 6,400,394 B1 Jun. 4, 2002 Omar 6,449,090 B1 Sep. 10, 2002 Acosta 6,765,640 B1 Jul. 20, 2004 Ueno (“JP-027”) JP 63-074027 Apr. 4, 1988 Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 5 The Examiner rejected the following claims on the indicated bases (Ans. 4-63): 1) claims 3-13, 31, 35, 37, and 39-44 under 35 U.S.C. § 102(b) as anticipated by JP-027; 2) claims 14, 32, 45-55, and 57-68 under U.S.C. § 103(a) as being unpatentable over JP-027 and Omar; 3) claims 19-21 under U.S.C. § 103(a) as being unpatentable over JP- 027 and Huffman; 4) claims 23-26 under U.S.C. § 103(a) as being unpatentable over JP- 027, Huffman and Omar; 5) claims 15-18, 27-29, and 36 under U.S.C. § 103(a) as being unpatentable over JP-027 and Kim; 6) claim 22 under U.S.C. § 103(a) as being unpatentable over JP-027 and McNelley; 7) claim 56 under U.S.C. § 103(a) as being unpatentable over JP-027, Omar, and Kim; 8) claims 3-14, 19-21, 23-26, 31, 32, 35, 37, 39, 45-55, and 57-68 under U.S.C. § 103(a) as being unpatentable over Huffman and Omar; 9) claim 22 under U.S.C. § 103(a) as being unpatentable over Huffman, Omar, and McNelley; and 10) claims 15-18, 27-29, 36, 40-43, and 56 under U.S.C. § 103(a) as being unpatentable over Huffman, Omar, and Kim. Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 6 Appellant relied upon the following in rebuttal to the Examiner’s rejection: Declaration under 37 C.F.R. § 1.132 of James L. Fergason dated October 17, 2007 (App. Br., Evidence Appendix) (“Fergason Decl.”). ISSUES Appellant contends that the Examiner’s rejections are in error because the applied prior art fails to teach or suggest all of the elements of the claims. Specifically, with respect to independent claims 3, 37, and 44, Appellant argues that JP-027 and Huffman in view of Omar fail to teach or suggest identical flat panel LCDs as recited in those claims (App. Br. 13-15, 29-30). With respect to independent claims 7 and 10, Appellant argues that JP-027 and Huffman in view of Omar fail to teach or suggest displays scanned top to bottom and the reverse or displays scanned left to right and the reverse (App. Br. 15-18, 31-33). Appellant also argues, with respect to independent claims 45, 53, and 60, that Omar teaches away from both JP- 027 and Huffman, in that Omar provides images with light polarized with different handedness, while those claims require light polarized in the same sense from the two displays (App. Br. 20-22, 35-37). The Examiner finds that JP-027 and Huffman in view of Omar provide for identical displays, at least within the context of claim 3 (Ans. 64- 67, 80-82). With respect to claims 7 and 10, the Examiner finds that Appellant is conflating the issues of raster scanning and presentation of the images and that the systems in the cited references must provide such Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 7 presentation to create three-dimensional images (Ans. 67-74, 83-87). Additionally, the Examiner finds JP-027 and Huffman, taken with the teachings of Omar, suggest claims 45, 53, and 60 because one of ordinary skill in the art would have used the circularly polarized light in systems of JP-027 and Huffman, even with the different handedness (Ans. 75-78, 88- 89). Only those arguments actually made by Appellant have been considered in this decision. Arguments which Appellant could have made but chose not to make in the Briefs have not been considered and are deemed to be waived. See 37 C.F.R. § 41.37(c)(1)(vii). Thus, the issues arising from the respective positions of Appellant and the Examiner are: Has Appellant shown reversible error in the Examiner’s determination that JP-027 and Huffman in view of Omar teach or suggest identical flat panel LCDs as recited in independent claims 3, 37, and 44? Has Appellant shown reversible error in the Examiner’s determination that JP-027 and Huffman in view of Omar teach or suggest displays scanned top to bottom and the reverse or displays scanned left to right and the reverse as recited in independent claims 7 and 10? Has Appellant shown reversible error in the Examiner’s determination that Omar does not teaches away from both JP-027 and Huffman, to supply images from light polarized in the same sense from the two displays as recited in independent claims 45, 53, and 60? Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 8 FINDINGS OF FACT 1. The instant Specification discloses a three-dimensional display system, which includes two flat panel displays (12a, 12b), which are arranged at an angle relative to each other, and a beam splitter (14) at the bisectrix between the two displays. A stereoscope image is obtained by left and right eye images being presented by the displays which have different, discernable polarizations (Spec. col. 2, 30-48; Fig. 1). 2. The instant Specification provides that the flat panels displays may be liquid crystal displays (LCDs), each with a linear polarizer, that may be integrally part of the displays (Id. at col. 4, ll. 50-54). 3. Circularly polarized light may also used to produce the images (Id. at col. 3, ll. 48-51). 4. The image information on one of the displays is reversed, where that may be accomplished by scanning of the image data or providing of the image data to the display in opposite directions (Id. at col. 9, l. 59 – col. 10, l. 17; Figs. 8B, 8C) 5. JP-027 discloses a stereoscopic image display device having two LCD panels, with polarized surfaces on each, and a half mirror interposed between the panels (P. 4, ll. 1-6; Fig. 1, elements 5, 8, 9, 10). 6. JP-027 discloses that “the same type of liquid crystal display panels having the same polarized surfaces can be used for surfaces Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 9 a and b. Since the invention is carried out using the same type of liquid crystal display panels, it is extremely convenient” (P. 4, ll. 7-10). 7. Huffman discloses a television viewing device where two television images are provided on a common area (Col. 1, ll. 15- 20). The systems uses two cathode ray tubes, having screens in planes substantially normal to each other, and a semi-transparent mirror located at an angle of substantially 45° to the horizontal (Col. 2, ll. 4-21; Fig. 3, elements 21, 22, 31). 8. Omar discloses a three-dimensional display system, using multiple LCD display panels, where light from the panels is polarized in mutually perpendicular directions (Abs.). Omar discloses that the use of linearly polarized light can lead to cross-talk between images when the observer tilts his or her head, such that use of circularly polarized light eliminates this disadvantage (Col. 6, ll. 19-60). PRINCIPLES OF LAW “A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” Verdegaal Bros., Inc. v. Union Oil Co. of Cal., 814 F.2d 628, 631 (Fed. Cir. 1987). Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 10 “Section 103 forbids issuance of a patent when ‘the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.’” KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 406 (2007). KSR disapproved a rigid approach to obviousness (i.e., an analysis limited to lack of teaching, suggestion, or motivation). KSR, 550 U.S. 398 at 419 (“The obviousness analysis cannot be confined by a formalistic conception of the words teaching, suggestion, and motivation, or by overemphasis on the importance of published articles and the explicit content of issued patents.”). During patent examination pending claims must be interpreted as broadly as their terms reasonably allow. During patent prosecution, claims can be amended, such that a broad interpretation allows ambiguities to be recognized, the scope and breath of claim language to be explored and clarification to be imposed. In re Zletz, 893 F.2d 319, 321 (Fed. Cir. 1989). ANALYSIS Anticipation over JP-027 Claims 3-6, 8, 12, 13, 31, 32, 35, 37, and 39-44 With respect to independent claim 3, Appellant argues that JP-027 fails to teach or suggest identical flat panel LCDs as recited in that claim Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 11 (App. Br. 13-15). The Examiner finds that JP-027 provides for identical displays, at least within the context of claim 3 (Ans. 64-67). We agree with the Examiner. While Appellant focuses on the differences between “same type of liquid crystal panels” and “identical LCDs,” we think that such discussion misses the mark. Appellant has been unable to point to any aspect in JP-027 that would suggest the panels selected would not be identical. Appellant’s argument would have us accept that one of ordinary skill in the art reading the JP-027 disclosure, for example, would select LCD panels of the same type (FF 6) but would nonetheless choose panels different with respect to size, pixel arrangement or different color renditions (Fergason Decl. ¶ 8). Appellant’s argument seems to be that the panels in JP-027 might not be identical, but such an argument is equally convincing that they might be identical. Given the variables associated with constructing such display devices, we can find no suggestion that one of ordinary skill would wish to introduce additional variables by varying the size or make-up of the selected panels. Additionally, even if we accept declarant Fergason’s position as to what constitutes identical flat panel displays (Fergason Decl. ¶¶ 9, 10), we can find no reason why a reader of JP-027 would not understand the panels disclosed to be identical under such a definition. As such, we do not find Appellant’s argument to be compelling. Appellant argues the rejection of independent claims 37 and 44 is improper on the same basis as argued for independent claim 3 (App. Br. 19- Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 12 20). In addition, Appellant argues that the rejection of dependent claims 4-6, 8, 12, 13, 31, 32, 35, and 39-43 is improper by virtue of their dependence on independent claims 3, 37, and 44. Since we do not find Appellant’s arguments with respect to claim 3 to be compelling, we find no error in the rejection of these other claims. Accordingly, we sustain the Examiner’s rejection of claims 3-6, 8, 12, 13, 31, 35, 37, and 39-44 as anticipated by JP- 027. Anticipation over JP-027 Claims 7 and 9-11 With respect to independent claims 7 and 10, Appellant argues that JP-027 fails to teach or suggest one display scanned left to right and the other display scanned in the reverse (App. Br. 15-18). The Examiner finds that Appellant is conflating the issues of raster scanning and presentation of the images and that the systems in the cited references must provide such presentation to create three-dimensional images (Ans. 67-74). We agree with Appellant and find the Examiner erred with respect to the rejection of claims 7 and 10. The Examiner has argued for a different meaning of “scanned” from claims 7 and 10 (Ans. 68-70), based on the disclosure of the instant application. However, we do not find that term in claims 7 or 10, or as used in the instant Specification (FF 4), to be subject the same interpretation found by the Examiner. The scanning illustrated in Appellant’s Figs. 8B, 8C Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 13 seems to make this clear. The Examiner argues that for overlap of the two images to occur, one of the images must be inverted (Ans. 72), where all parties seem to agree to this fact. However, the Examiner finds that in order to invert the image, one has to raster scan in the opposite direction, where Appellant argues that this need not be the case. Appellant argues that “both displays can be scanned from top to bottom at a rate where flicker is not evident to the viewer of the displays” (App. Br. 32). As such, we do not agree with the Examiner’s apparent position that JP-027 must inherently provide for scanning in opposite directions by the two displays. Therefore, JP-027 fails to teach or suggest all of the elements of claims 7 and 10. Thus, we find the Examiner erred in rejecting claims 7 and 10 to be anticipated by JP-027. Similarly, we find the rejections of dependent claims 9 and 11 to have also been made in error. Obviousness over JP-027 in view of Omar Claims 14, 32, 45-55 and 57-68 Appellant argues with respect to independent claim 45 that Omar teaches away from JP-027 and that claim, in that Omar provides images with light polarized with different handedness, while that claim requires light polarized in the same sense from the two displays (App. Br. 20-22). The Examiner finds JP-027 taken with the teachings of Omar, suggest claim 45 because one of ordinary skill in the art would have used the circularly Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 14 polarized light in systems of JP-027, even with the different handedness (Ans. 75-78). We generally agree with the Examiner. As the Examiner has acknowledged, the systems of JP-027 and the instant invention work differently than Omar in terms of the polarization arrangement used (Ans. 88). Appellant’s argument appears to be that all of the elements of Omar must be incorporated into JP-027 for there to be a combination. We cannot agree. Common sense need not only guide a combination but can also assist in how portions thereof are combined. KSR, 550 U.S. 398 at 420 (“[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle.”). We are confident that one of ordinary skill in the art could have adopted circularly polarized light for the systems in JP-027, especially based on the benefits disclosed in Omar (FF 8). We do not find Omar to “teach away” from the setup found in JP-027, and that the combination would have been motivated on the basis provided in the rejection. As such, we find that the combinations have been properly shown to render claim 45 obvious and we find no error in the rejection of claim 45. Appellant argues the rejection of independent claims 53 and 60 is improper on the same basis as argued for independent claim 45 (App. Br. 38-39). In addition, Appellant argues that the rejection of dependent claims 46-52, 54, 55, 57-59, and 61-68 is improper by virtue of their dependence on independent claims 45, 53, and 60. Since we do not find Appellant’s arguments with respect to claim 45 to be compelling, we find no error in the Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 15 rejection of these other claims. Additionally, Appellant argues that claims 14 and 32 were rejected in error because those claims depend from claim 3 that was improperly rejected. Since we find no error in the rejection of claim 3, we find no error in the rejection of claims 14 and 32. Accordingly, we sustain the Examiner’s rejection of claims 14, 32, 45-55, and 57-68 as being obvious over JP-027 in view of Omar. Obviousness over Huffman in view of Omar Claims 3-6, 8, 12-14, 19-21, 23-26, 31, 32, 35, and 37 With respect to independent claim 3, Appellant argues that Huffman in view of Omar fails to teach or suggest identical flat panel LCDs as recited in that claim (App. Br. 29-30). The Examiner finds that Huffman in view of Omar provides for identical displays, at least within the context of claim 3 (Ans. 80-82). We agree with the Examiner. Appellant’s arguments with respect to claim 3 repeat largely the same arguments discussed supra, with respect to the rejection over JP-027. With respect to the rejection over Huffman in view of Omar, we do not find these arguments to be any more compelling. In addition, Appellant argues that the combination fails to teach or suggest that the polarization directions of the LCDs are at 45 degrees to the horizontal (App. Br. 29). However, the Examiner finds that the angles of polarization for the beams from Huffman would have been 45° with respect to the horizontal, but shifted because material out of which the semi- Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 16 transparent mirror was made (Ans. 81). The Examiner correctly provides that such offsets would not have been used at the time of the instant invention, as such a setup would have been updated to accommodate the LCDs of Omar, as detailed in the rejection of claim 3. As such, we find no error in the rejection of claim 3 over Huffman and Omar on this basis. Appellant argues the rejection of independent claim 37 is improper on the same basis as argued for independent claim 3 (App. Br. 38-39). In addition, Appellant argues that the rejection of dependent claims 4-6, 8, 12- 14, 19-21, 23-26, 31, 32, and 35 is improper by virtue of their dependence on independent claims 3 and 37. Since we do not find Appellant’s arguments with respect to claim 3 to be compelling, we find no error in the rejection of these other claims. Accordingly, we sustain the Examiner’s rejection of claims 3-6, 8, 12-14, 19-21, 23-26, 31, 32, 37, and 37 as obvious over Huffman in view of Omar. Obviousness over Huffman in view of Omar Claims 7 and 9-11 With respect to independent claims 7 and 10, Appellant argues that Huffman in view of Omar fails to teach or suggest that one display scanned left to right and the other display scanned in the reverse (App. Br. 31-33). The Examiner finds that Appellant is conflating the issues of raster scanning and presentation of the images and that the systems in the cited references must provide such presentation to create three-dimensional images (Ans. 83- Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 17 87). We agree with Appellant and find the Examiner erred with respect to the rejection of claims 7 and 10. Appellant’s arguments with respect to claims 7 and 10 repeat largely the same arguments discussed supra, with respect to the rejection over JP- 027. With respect to the rejection over Huffman in view of Omar, we do not find Huffman and Omar to teach all of the elements. As discussed supra, Omar fails to teach or suggest that one display scanned left to right and the other display scanned in the reverse. Although the Examiner argues about the meaning of the claim term “scanning” (Ans. 41-45), as discussed above, we do not find any teaching or suggestion in Huffman. As such, we find the rejection of claims 7 and 9-11 as being obvious over Huffman in view of Omar to have been made in error. Obviousness over Huffman in view of Omar Claims 45-55, and 57-68 Appellant argues with respect to independent claim 45 that Omar teaches away from Huffman and that claim, in that Omar provides images with light polarized with different handedness, while that claim requires light polarized in the same sense from the two displays (App. Br. 35-37). The Examiner finds Huffman, taken with the teachings of Omar, suggests claim 45 because one of ordinary skill in the art would have used the circularly polarized light in systems of Huffman, even with the different handedness (Ans. 88-89). We generally agree with the Examiner. Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 18 Appellant’s arguments with respect to claim 45 repeat largely the same arguments discussed supra, with respect to the rejection over JP-027. With respect to the rejection over Huffman in view of Omar, we do not find these arguments to be any more compelling. Appellant argues the rejection of independent claims 53 and 60 is improper on the same basis as argued for independent claim 45 (App. Br. 38-39). In addition, Appellant argues that the rejection of dependent claims 46-52, 54, 55, 57-59, and 61-68 is improper by virtue of their dependence on independent claims 45, 53, and 60. Since we do not find Appellant’s arguments with respect to claim 45 to be compelling, we find no error in the rejection of these other claims. Accordingly, we sustain the Examiner’s rejection of claims 45-55 and 57-68 as being obvious over Huffman in view of Omar. Obviousness over JP-027, Huffman, Omar, Kim, and McNelley Claims 15-29, 36, 40-43, and 56 With respect to the rejections of claims 15-29, 36, 40-43, and 56, Appellant argues that the rejections of these claims should be overturned by virtue of their dependence on independent claims argued above. Since we do not find Appellant’s arguments with respect to independent claims 3, 37, 44 and 53 to be compelling, we find no error in the rejections of the above- cited dependent claims. Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 19 CONCLUSIONS Appellant has failed to show that the Examiner reversibly erred in determining that: (i) claims 3-6, 8, 12, 13, 31, 35, 37, and 39-44 are anticipated by JP-027; (ii) claims 14, 32, 45-55, and 57-68 are unpatentable over JP-027 and Omar; (iii) claims 19-21 are unpatentable over JP-027 and Huffman; (iv) claims 23-26 are unpatentable over JP-027, Huffman and Omar; (v) claims 15-18, 27-29, and 36 are unpatentable over JP-027 and Kim; (vi) claim 22 is unpatentable over JP-027 and McNelley; (vii) claim 56 is unpatentable over JP-027, Omar, and Kim; (viii) claims 3-6, 8, 12-14, 19- 21, 23-26, 31, 32, 35, 37, 39, 45-55, and 57-68 are unpatentable over Huffman and Omar; (ix) claim 22 is unpatentable over Huffman, Omar, and McNelley; and (x) claims 15-18, 27-29, 36, 40-43, and 56 are unpatentable over Huffman, Omar, and Kim. Appellant has shown that the Examiner reversibly erred in determining that: (xi) claims 7 and 9-11 are anticipated by JP-027; and (xii) claims 7 and 9-11 are unpatentable over Huffman and Omar. DECISION The decision of the Examiner to reject claims 3-6, 8, 12-29, 31, 32, 35-37, and 39-68is AFFIRMED and the decision of the Examiner to reject claims 7 and 9-11 is REVERSED. Appeal 2009-010985 Reexamination Control 90/007,318 United States Patent 6,703,988 B1 20 Requests for extensions of time in this ex parte reexamination proceeding are governed by 37 C.F.R. § 1.550(c). See 37 C.F.R. § 41.50(f). AFFIRMED-IN-PART MAT cc: Warren A. Sklar RENNER, OTTO, BOISSELLE & SKLAR LLP 1621 Euclid Avenue 19th Floor Cleveland, OH 44115 Copy with citationCopy as parenthetical citation