Appeal No. 2005-2004
Application 09/760,499
present, because the term ‘comprises’ permits the inclusion of other steps, elements, or
materials.”). Thus, the peeling layer is removed along with the first substrate subsequent to the
step of “bonding a second substrate over” either “a light emitting element” in claims 1 and 4, or
“a display element” in claim 26. In claim 36, the peeling layer is removed prior to “forming a
light emitting layer and a cathode on at least one of the pixel electrodes”3 with the first substrate
removed subsequent to the step of “bonding a second substrate on the cathode.”
The examiner finds that the method of Yamazaki ‘138 includes “forming (e.g. in a high
temperature atmosphere) a semiconductor element (e.g., active layers, a gate insulating layer,
gate electrodes, a first insulating layer, wiring, and pixel electrode/anode) on the insulating layer
. . . , bonding a . . . second substrate . . . to the semiconductor element[,] . . . [and removing the
peeling layer and the first substrate . . . to form the . . . display device” (answer, pages 4-5; see
also pages 3-4). The examiner further finds that Yamazaki ‘138 would have disclosed that this
method can be used to form both liquid crystal display devices and EL display devices, citing
col. 6, ll. 47-49, and pointing out that the reference exemplifies only liquid crystal display
devices (answer, page 5). The examiner submits that one of ordinary skill in this art would have
used the method of Yamazaki ‘138
to form an EL display device wherein included in the display device is a light emitting
element, i.e.. pixel electrode/anode layer having a cathode layer applied to its upper
surface with a layer of EL material sandwiched therebetween, coupled to the
semiconductor element as it was well known in the art that an EL display device
includes a light-emitting element as shown for example by the admitted prior art and
. . . [Yamazaki ‘138] clearly [teaches] the method may be used o form an EL device.
[Id., original emphasis deleted; see also page 6, ll. 1-3.]
Appellants submit that
Yamazaki ‘138 discloses, at best, formation of a portion of a liquid crystal element
that is covered with flexible substrate 120, followed by use of the peeling layer (102)
to remove substrate (101). Thus, formation of the liquid crystal display (e.g., addition
of the second panel 122/123/124 and implantation of liquid -crystal material) does not
occur until after the addition of the substrate 120 and the peeling of the layer 102 (to
App. & Int. 1993).
3 We have quoted this claim limitation as it appears in claim 36 of record as of the amendment
filed June 26, 2003. In this respect, the copy of appealed claim 36 in the appendix to the brief is
in error.
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