Appeal No. 2005-2004
Application 09/760,499
emits light when a voltage is applied between the electrodes, and thus, the specified steps form
“a light emitting element” (id., page 1, ll. 6-9 and 18-24; see also, e.g., page 8, ll. 8-21).
Appealed claim 26 further specifies that the claimed method include the step of “forming
a display element[,] . . . the display element electrically connected to the switching element”
formed in a prior step. We do not find the term ”a display element” in the specification. We
found above that the term “display device” is defined in the written description in the
specification as encompassing both “a light-emitting device” and “a liquid crystal device.” In
this respect, appellants describe the disclosed invention as “a method of manufacturing a device
having . . . [a] luminous element” or “a device having . . . [a] liquid crystal element” (id., page 1,
ll. 6-11). In similar manner to the description of a “luminous element,” appellants describe “a
liquid crystal element[] that is composed of a liquid crystal sandwiched between electrodes [] . . .
hereinafter . . . referred to as [sic] liquid crystal display device” (id., page 1, ll. 9-11). Indeed,
specification Embodiment 1 involves a light-emitting display device wherein “pixel electrode
124 and the current control [electrode] TFT 202 are electrically connected to each other” and
“the pixel electrode 124 functions as an anode of an EL element,” and specification Embodiment
3 involves a liquid crystal display device in which “pixel TFT 704 . . . [is] used as a switching
element for controlling a voltage applied to a liquid crystal” (id., page 7, ll. 19-21, and page 15,
ll. 22-23). Thus, we determine that on this record, the broad term “display element”
encompasses both “a light-emitting element” and “a liquid crystal element.” Accordingly, the
step of “forming a display element” encompasses all of the steps required to form all of the
semiconductor and other components associated with either “element.”
The claimed methods encompassed by each of appealed independent claims 1, 4, 26 and
36 comprise at least the specified steps in the order stated, even though the transitional term
“comprising” opens the claimed methods to additional steps and components. See generally,
Exxon Chem. Pats., Inc. v. Lubrizol Corp., 64 F.3d 1553, 1555, 35 USPQ2d 1801, 1802 (Fed.
Cir. 1995) (“The claimed composition is defined as comprising - meaning containing at least -
five specific ingredients.”); In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA
1981) (“As long as one of the monomers in the reaction is propylene, any other monomer may be
166 USPQ 406, 407 n.3 (CCPA 1970); cf. Ex parte Raske, 28 USPQ2d 1304, 1304-05 (Bd. Pat.
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