Appeal Number: 2006-1372
Application Number: 09/197,767
different materials for the pixel electrode and the interconnect when the pixel electrode is
made of indium tin oxide, but we would have to resort to speculation to find that different
materials should be used when the pixel electrode is made of metal. In other words,
Miyawaki also fails to remedy the shortcomings of Sato, and we cannot sustain the
rejection of claims 3, 22 through 27, 40, 49, 53, 57, 61, 65, 69, 70, 73, and 74 over Sato
in view of Okita, Fukunaga, and Miyawaki.
The examiner rejects claims 4 and 50 over Sato in view of Okita, Miyawaki, and
Yamazaki and claims 54, 58, 62, and 66 over Sato in view of Okita, Miyawaki,
Yamazaki, and Fukunaga. Each of independent claims 4 and 50 includes the same
limitations found lacking from the combination of Sato, Okita, Fukunaga, and Miyawaki.
Yamazaki discloses (column 6, lines 7-9) that a contact hole is created in an insulating
layer and then indium tin oxide is sputtered and patterned to fill the hole and form the
pixel electrode. Thus, Yamazaki fails to suggest the use of separate materials for the
pixel electrode and for filling the contact hole. Accordingly, Yamazaki does not remedy
the deficiency of the above combination, and we cannot sustain the rejection of claims 4
and 50 over Sato in view of Okita, Miyawaki, and Yamazaki nor of claims 54, 58, 62,
and 66 over Sato in view of Okita, Miyawaki, Yamazaki, and Fukunaga.
The examiner lastly rejects claims 1, 2, 5, 22 through 27, 40, 47, 48, 51, 52, 55,
56, 59, 60, 63, 64, 67, 68, 71, and 72 over Fukunaga in view of Liu, and Izumi. The
examiner (Answer, page 3) relies on insulating layer 413/414 of Fukunaga for the
insulating layer that is to be formed over the first conductive layer in each of the
independent claims. Insulating layer 413/414 is used as a color filter by Fukunaga. If
one were to make the second conductive layer (or pixel electrode) reflective, as suggested
by the examiner (Answer, page 12) to make the device reflective, the color filter layer
would no longer be functional, as light would be reflected before reaching the color filter
layer. As this modification would render the prior art reference inoperable for its
intended purpose, we cannot accept the examiner's proposed modification of Fukunaga.
See Id. Therefore, we will not sustain the rejection of claims 1, 2, 5, 22 through 27, 40,
47, 48, 51, 52, 55, 56, 59, 60, 63, 64, 67, 68, 71, and 72 over Fukunaga in view of Liu,
and Izumi.
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