Ex Parte ROY - Page 4




          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.                   
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