Appeal No. 2006-1628
Application No. 09/840,082
shown in Fig. 2. If a feature is inherent in the prior art, it is irrelevant that the
prior art did not recognize such a feature or even if the feature was unknown.
Toro Co. v. Deere & Co., 355 F.3d 1313, 1321, 69 USPQ2d 1584, 1590 (Fed.
Cir. 2004) ("[T]he fact that a characteristic is a necessary feature or result of a
prior-art embodiment…is enough for inherent anticipation, even if that fact was
unknown at the time of the prior invention."). See also Atlas Powder Co. v. Ireco,
Inc., 190 F.3d 1342, 1348-49, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999) (noting
that it is irrelevant that the prior art does not recognize a key aspect of an
invention if such an aspect is nevertheless inherent in the prior art).
Regarding the charging device, we agree with the examiner that the data
line 3, scan line 2, and associated insulation together reasonably constitutes a
storage capacitor as claimed [see answer, pages 5 and 6]. In addition, the
capacitor's upper electrode (i.e., data line 3) is an aluminum film [Murade, col. 7,
lines 28 and 29]. We see no reason why the light-shielding member 6 would not
block incident light from impinging on the capacitor's upper electrode as
claimed.1 In particular, Fig. 2 of Murade shows (1) the light-shielding member 6
directly overlapping the upper electrode 3, and (2) the light-shielding member 6
extending well beyond the upper electrode in the vicinity of the capacitor.
Although Murade may not have discussed or even recognized the advantages of
blocking incident light on the capacitor's upper electrode, such a recognition is
1 Although insulative layer 15 is disposed between the light-shielding member 6 and the
capacitor's upper electrode 3, the insulative layer 15 is a silicon oxide film (BPSG) which is a
transparent material [see Murade, col. 12, lines 39-41]. Because such a transparent material
would not block incident light, the presence of this intervening transparent layer does not affect
the ability of light-shielding member 6 to block incident light on the capacitor's upper electrode.
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