Appeal No. 2001-2388 Application 09/151,948 point A than at point B, and states that “[f]or sharp display, high speed, and good performance, it is critical that the liquid crystal maintain a constant gap between the top and bottom substrates.”1 The appellant obtains this constant gap by use of the dual damascene technique in which a trench (29) and a via opening (27) are formed in an insulating layer (26), a metal layer (40) is formed over and within the trench and the via opening (figure 4), and the metal layer above the surface of the insulating layer is polished away to form a planarized surface having below it a metal-filled trench (44), i.e., a metal pixel, and a metal-filled via opening (42) that connects the metal pixel to an underlying semiconductor device (14, 16) (figure 5). A passivation layer (34 and 36), a liquid crystal layer (52) and a top substrate (56) are formed over the planarized surface. As shown in figure 6, the thickness of the liquid crystal layer is the same above and between the metal pixels. 1 The examiner has not established that the disclosed criticality of the constant gap pertains to the acknowledged prior art rather than being a discovery by the appellant. 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007