Ex parte LIU et al. - Page 5



          Appeal No. 97-1387                                                          
          Application No. 08/251,011                                                  

               Regarding appellants’ first argument, we are not                       
          persuaded that the combination of the Hayashi and Malhi                     
          teachings would defeat the purpose of Hayashi’s structure                   
          “intended as a display device switch” because we find no                    
          evidence that that is the purpose of Hayashi.  While                        
          appellants make the allegation that the intended purpose of                 
          Hayashi’s structure is a display device switch, appellants                  
          have not pointed to anything in Hayashi which provides                      
          evidence of this purpose, the examiner concludes that the                   
          English translation of Hayashi never discloses the device of                
          Figure 5 to be intended for use in a display device and our                 
          independent review of the English translation leads us to the               
          same conclusion.  Accordingly, without some evidence that                   
          Hayashi discloses what appellants allege it discloses                       
          regarding the structure’s use in a display device, appellants’              
          argument in this regard is simply not persuasive.                           
               Moving on to appellants’ second argument, just because                 
          Malhi may start with a crystalline material in order to                     
          provide crystalline substrate transistors, this does not lead,              
          inescapably, to the conclusion that the only reason the                     
          artisan would ever start with a crystalline material is to                  
          provide crystalline substrate transistors.  As the examiner                 


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