Ex parte ATHERTON - Page 4




          Appeal No. 97-2860                                                          
          Application 08/472,836                                                      

          so as to overlap the region.  According to the examiner, this               
          feature is disclosed by Miyata simply because the select line               
          7 extends over the top of each pixel area 17 (see Miyata’s                  
          Figure 2).  We disagree.  The broadest reasonable                           
          interpretation of the claim language in light of the                        
          specification does not permit reading the claimed overlap                   
          between the select line and the conductive material of the                  
          pixel region to form a capacitor therewith as being satisfied               
          by the select line’s being "above" a side of the pixel area.                
          In our view, and consistent with the specification, the                     
          overlap is in the plane of the surface of the pixel area.  For              
          making the overlap, the claims also require a crossing over of              
          the pixel region by the select line, which is not met simply                
          by a select line which runs outside the perimeter of the pixel              
          region as is shown in Figure 2 of Miyata.                                   
               Nevertheless, Kim makes up for the deficiency of Miyata.               
          It cannot be reasonably disputed that in Kim the select line                
          extends over and across the surface area of the pixel region                
          to form an overlap therewith.  What the appellant argues,                   
          instead, is that the select line which crosses over the top of              
          Kim’s pixels is not of substantially uniform width as is                    

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007