Ex Parte INO - Page 5



          Appeal No. 97-2422                                                          
          Application 07/939,720                                                      

          embodiment is used both as an insulating film, as well as a                 
          passivation film for protective purposes.  As to the second                 
          embodiment in Figure 23, the discussion at page 16 of the                   
          specification as filed indicates that a form of silicon oxide               
          called PSG and silicon nitride are both used as protective or               
          passivation films.                                                          
               Therefore, in view of the appellant's own assessment of the            
          prior art as well as the teachings of Misawa and the state of the           
          art generally, the examiner's view is well taken as best                    
          expressed at page 9 of the answer that in Misawa's Figure 3B the            
          layer 95 over the display transistors and in Figure 3A the layer            
          84 over the drive circuit transistors inherently function as the            
          claimed passivation layers with respect to at a minimum the                 
          independent claims 1, 27 and 36 on appeal.  Figure 3A relates to            
          the drive circuit structures of the LCD display and Figure 3B               
          relates to the display elements per se.  The discussion as to               
          these figures at columns 6 and 7 indicates that silicon dioxide             
          and silicon nitride comprise insulating layers 78, 79, 82 and 84,           
          as specifically noted at column 6, lines 45 and 46.  The overall            
          discussion in these two columns and the showings in Figures 3A              
          and 3B indicate that layers 78 and 79 of Figure 3A are the same             
          layer deposited as layer 90 in Figure 3B.  Similarly, in Figure             
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