Ex parte KODAIRA et al. - Page 6




          Appeal No. 1996-0810                                                        
          Application 08/259,354                                                      

          display capacitor because the semiconductor layer is not                    
          present in the display area" (unnumbered page between EA2                   
          and EA3).  The Examiner presents the following new                          
          arguments, which were not contained in the Final Rejection                  
          (unnumbered page between EA2 and EA3 through EA3):                          
               From figures 3,4,5,and [sic] 7 it is evident that the                  
               semiconductor material 2,9 is located at the cross-over                
               area and transistor area but is not located over the                   
               display capacitor area 5.  See figure 3 where the                      
               display capacitor area is delineated by numeral 5.  See                
               also figure 7 where clearly the semiconductor layer 2                  
               does not extend over the display capacitor area which                  
               takes up most of the device space as shown in figure 3                 
               at numeral 5.  The semiconductor layer does not extend                 
               over the display capacitor area because the device                     
               would not function as intended if it did.  The                         
               semiconductor layer would block light and thus the                     
               display would not display.  Appellant's arguments                      
               regarding the process of Ota are unconvincing because                  
               the figures of Ota clearly show that the semiconductor                 
               layer is present at the cross-over area and transistor                 
               area but is not present at the display area. . . .                     
               Light has to be transmittable through the display                      
               capacitor area.  It would have been ridiculous to have                 
               engineered an opaque semiconductor layer over the                      
               transparent display capacitor.  The device would not                   
               work.                                                                  
               Appellants traverse the Examiner's new points of                       
          arguments in the Reply Brief.                                               
               We agree with Appellants that the Examiner's findings                  
          and interpretations of Ota are in error.                                    


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