Ex Parte Niwa et al - Page 4



          Appeal No. 2005-2287                                                        
          Application No. 09/767,588                                                  

          injunction hole for injecting said liquid crystal therethrough.”            
          In particular, appellants contend that Saito discloses a strip              
          spacer SPC-S having an injection port and that this strip spacer            
          does not perform the claimed sealing function because Saito                 
          teaches, at column 8, lines 15-24, that the liquid crystal                  
          overflows and extrudes out of the strip spacer.  Therefore,                 
          contend appellants, the strip spacer is not a seal material, the            
          strip spacer and cell gap being sealed only when the seal                   
          material SL is deposited around the strip spacer (referring to              
          column 8, lines 63-65).  Moreover, contend appellants, Saito does           
          not disclose that the seal material SL comprises an injection               
          port, and that, in fact, the seal material SL in Saito is                   
          deposited after the liquid crystal injection, sealing the                   
          injection hole in the strip spacer.                                         
               We have reviewed the evidence of record, including the                 
          arguments of appellants and the examiner, and we agree with the             
          examiner that, commensurate with the scope of the claims, Saito             
          anticipates the instant claimed subject matter.                             
               Appellants’ argument focuses on Saito’s strip spacer not               
          being a “sealing material.”  However, as explained by Saito, at             
          column 7, lines 1-5, a “chosen seal material” coats the outer               
          edges of the strip spacer, then irradiating ultraviolet rays are            
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