Appeal No. 2006-3146
Application No. 10/020,986
sealing the electro-luminescent layer.’ Since Yang fails to discloses [sic] a
‘seal cover plate,’ it fails to disclose a “heat exhausting layer formed on the
seal cover plate, wherein an entire surface of the heat-exhausting film
contacts the seal cover plate’” (Reply Br. 3). We disagree with Appellants
and find that layer 38 is the seal cover for the device of Yang which is
covered and in contact with the heat-dissipating layer 40. While the device
of Yang may be different than that of the EL device in the AAPA, the
Examiner has relied upon the teachings of the AAPA to teach and suggest
the structure of the layers of the EL device and relied upon Yang to suggest
the use of a heat-dissipating layer on the EL on its seal cover plate. We find
the Examiner’s combination well reasoned and founded.
We find that the entire surface of the heat-dissipating layer does
contact the seal cover plate in Yang. The limitation of the seal cover plate
sealing the EL device is clearly taught by the AAPA in Figure 1. Therefore,
Appellants' argument is not persuasive and we will sustain the rejection of
independent claim 10 and dependent claims 11, 13-15 and 18 which
Appellants have grouped therewith.
We find that Appellants have included independent claim 19 in the
heading with independent claim 10. Therefore, all these claims should stand
or fall together. For completeness, we will address independent claim 19
separately below.
With respect to independent claim 19, Appellants argue that the
combination of AAPA and Yang does not teach or suggest the “heat-
exhausting film extends to contact the transparent substrate to cover the
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