Ex Parte INO - Page 11



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

          is confirmed by appellant's recitation in dependent claim 21                
          which indicates that the passivation layer is such a material.              
               As to the consideration of the second rejection, including             
          independent claims 27 and 36, appellant's position with                     
          respective to these is also misplaced.  The analysis made with              
          respect to independent claim 1 and the combination of teachings             
          of Misawa and Sawatsubashi apply equally as well here.  Our                 
          analysis with respect to the first passivation layer has already            
          been made with respect to the passivation layer of independent              
          claim 1 and the collective teachings of Misawa and Sawatsubashi             
          at a minimum in addition to the teachings of Noguchi,                       
          additionally relied upon by the examiner.  The claimed second or            
          hydrogen-containing passivation layer of independent claims 27              
          and 36 is clearly met by the teachings in Noguchi.                          
               Before discussing the features of this reference, it is                
          important to recognize that this second or hydrogen-containing              
          passivation layer is recited as being only “selectively disposed            
          on the first passivation layer.”  This recitation is broad enough           
          to include the limited teaching of silicon nitride over the drive           
          circuits only of appellant's admitted prior art as indicated at             
          the top of specification page 2 with respect to the showing in              
          prior art Figure 21.  Thus, the language of the claim may be                
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