Ex parte KODAIRA et al. - Page 7




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

               Ota does not show the display capacitor in the                         
          drawings, as indicated at column 4, lines 40-42, and                        
          column 5, line 45.  The Examiner errs in stating that                       
          figure 3 shows a display capacitor 5; element 5 is the drain                
          electrode forming the claimed "liquid crystal driving                       
          electrode."  Thus, the Examiner errs in relying on the                      
          drawings for a showing that the semiconductor layer 2 does                  
          not extend over the display capacitor.  Presumably, part of                 
          the area of electrode 5 will be used for the capacitor,                     
          since it appears that the capacitor must be formed on top of                
          the transparent electrode instead of below the transparent                  
          electrode as in Appellants' invention.                                      
               As Ota and the declaration of Mr. Meyer point out, Ota                 
          discloses that a semiconductor layer is deposited in the                    
          third step, an insulating layer is deposited in the fourth                  
          step, the insulating layer is masked and selectively etched                 
          away in the fifth step, the semiconductor layer is etched                   
          away in the sixth step, a second electrode material of                      
          metallic aluminum or chromium is deposited in the seventh                   
          step, and the second electrode layer is photoetched in the                  
          eight step to form the capacitor electrode (col. 5,                         

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