Ex Parte INO - Page 9



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

          embodiment in Figure 8 and the third embodiment in Figure 11.               
          These figures show that a liquid crystal layer completely fills             
          the space between the lower substrate and the upper substrate               
          which are substantially the same size, and that this liquid                 
          crystal material completely covers any and all layers on the                
          pixel region 103 and the associated transistors 104, as well as             
          to cover entirely or in part the various drive circuits 112 and             
          113.  This interpretation necessarily would require that any and            
          all passivation layers would also be covered by such liquid                 
          crystal material.                                                           
               Although Sawatsubashi does not specifically teach                      
          passivation layers, they would have been necessarily inherent and           
          obvious to the artisan in the art even without the specific                 
          teachings thereof in Misawa.  This is buttressed by the                     
          consideration that in Sawatsubashi's Figure 2 element 4 is an               
          alignment film which appears to be analogously shown as film 106            
          in Figures 4, and 11 of this reference.  This film obviously                
          covers all circuit elements on the lower substrate including all            
          or a part of the respective driver circuits 112 and 113 and the             
          pixel element circuits as well.  This would have clearly                    
          suggested to the artisan that any passivation or protective or              
          insulating layers below these alignment films would have                    
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