Ex parte ATHERTON - Page 5




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

          required by the claims.  But the argument is misplaced.  The                
          appellant evidently looks merely at Figure 1A of Kim which                  
          illustrates the prior art, and not at Figure 2A of Kim which                
          illustrates an improvement over the structure of Figure 1A.                 
          In Figure 2A of Kim, the select line above the extensions                   
          therefrom does indeed overlap the top border of the pixels and              
          does have a substantially uniform width.  The extensions begin              
          from that part of the select line which is already below the                
          top border of the pixels.  The appellant cannot look only at                
          portions of Kim’s disclosure to the exclusion of other                      
          embodiments which meet the feature at issue.                                
               As for the extensions which run down another side of the               
          pixel area, Kim discloses that as well.  See Kim’s Figure 2A.               
          In that regard, the appellant makes no contrary assertion.                  
          What the appellant does argue, however, is that the teachings               
          of Kim are not combinable with the disclosure of Miyata.  The               
          appellant correctly points out that Kim’s invention sought to               
          reduce the size of the extensions covering the pixel’s active               
          area without diminishing the capacitance (Br. at 8).                        
          According to the appellant, because Miyata’s select line does               
          not even overlap any portion of the pixel, there is no                      

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