Ex Parte ROY - Page 8




          Appeal No. 2001-2388                                                        
          Application 09/151,948                                                      


          the metal pixels an unplanarized passivation layer.                         
               For the above reasons, we conclude that the examiner has not           
          carried the burden of establishing a prima facie case of                    
          obviousness of the appellant’s claimed invention.2                          
                                      DECISION                                        
               The rejections of claims 1-4, 6-15 and 17-21 over the                  
          appellant’s admitted prior art in view of Huang, and claims 5, 16           
          and 22-27 over the appellant’s admitted prior art in view of                
          Huang and Jeong, are reversed.                                              
                                      REVERSED                                        



                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         THOMAS A. WALTZ               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         PETER F. KRATZ                )                              
                         Administrative Patent Judge   )                              


               2 The examiner does not rely upon Jeong for any teaching               
          which remedies the above-discussed deficiency in the appellant’s            
          admitted prior art and Huang.                                               
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