IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

Transcription

1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SAMSUNG DISPLAY CO., LTD., TOSHIBA CORPORATION, AND FUNAI ELECTRIC CO., LTD, Petitioners, v. GOLD CHARM LIMITED Patent Owner. Case No. To Be Assigned Patent No. 5,850,275 PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 5,850,275 UNDER 35 U.S.C AND 37 C.F.R et seq. DC:

2 TABLE OF CONTENTS I. MANDATORY NOTICES (37 C.F.R. 42.8(a)(1))... 1 A. Real Party-In-Interest (37 C.F.R. 42.8(b)(1))... 1 B. Related Matters (37 C.F.R. 42.8(b)(2))... 1 C. Lead and Backup Counsel (37 C.F.R. 42.8(b)(3))... 1 D. Service Information (37 C.F.R. 42.8(b)(4))... 2 II. FEES (37 C.F.R )... 2 III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds for Standing (37 C.F.R (a))... 3 B. Citation of Prior Art... 3 C. Claims and Statutory Grounds (37 C.F.R (b)(1) & (b)(2))... 4 D. Unpatentability of the Construed Claims (37 C.F.R (b)(4))... 5 E. Supporting Evidence (37 C.F.R (b)(5))... 5 IV. SUMMARY OF THE 275 PATENT... 5 A. Overview of the 275 Patent... 5 B. Prosecution History Summary of the 275 Patent... 8 C. Person of Ordinary Skill in the Art... 9 D. Claim Construction (37 C.F.R (b)(3))... 9 V. THERE IS A REASONABLE LIKELIHOOD THAT PETITIONER WILL PREVAIL WITH RESPECT TO AT LEAST ONE CLAIM OF THE 275 PATENT... 9 A. Prior Art i -

3 1. U.S. Patent No. 5,757,450 to Fujii et al. ( Fujii ) (Ex. 1003) U.S. Patent No. 5,648,858 to Shibata et al. ( Shibata ) (Ex. 1004) U.S. Patent No. 5,467,417 to Nakamura et al. ( Nakamura ) (Ex. 1005) Japanese Patent Application Publication No. H by Tsutsui et al. and Certified English translation of the same ( Tsutsui ) (Exs & 1007) B. Ground I: Claims 1, 2, 4-6 and 9 are Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata C. Ground II: Claims 7 and 8 are Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata and Nakamura D. Ground III: Claim 10 is Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata and Tsutsui VI. CONCLUSION ii -

4 LIST OF EXHIBITS Exhibit Description Ex U.S. Patent No. 5,850,275 Ex File History for U.S. Patent No. 5,850,275 Ex U.S. Patent No. 5,757,450 to Fujii et al. ( Fujii ) Ex U.S. Patent No. 5,648,858 to Shibata et al. ( Shibata ) Ex U.S. Patent No. 5,467,417 to Nakamura et al. ( Nakamura ) Ex Japanese Patent Application Publication No. H by Tsutsui et al. Ex Certified English translation of Japanese Patent Application Publication No. H by Tsutsui et al. ( Tsutsui ) Ex Declaration of Dr. Anne Chiang Ex Curriculum vitae of Dr. Anne Chiang Ex I-Wei Wu, High-Definition Displays and Technology Trends in TFT-LCDs, J. Soc y Info. Display, Apr iii -

5 I. MANDATORY NOTICES (37 C.F.R. 42.8(a)(1)) A. Real Party-In-Interest (37 C.F.R. 42.8(b)(1)) The petitioners are Samsung Display Co., Ltd.; Toshiba Corporation; and Funai Electric Co., Ltd. ( Petitioners ). The real parties in interest in addition to the Petitioners are: Toshiba America, Inc.; Toshiba America Information Systems, Inc.; Funai Corporation, Inc.; and P&F USA, Inc. B. Related Matters (37 C.F.R. 42.8(b)(2)) U.S. Patent No. 5,850,275 ( the 275 Patent ) is currently the subject of litigation against multiple defendants in the District of Delaware, captioned MiiCs & Partners, America, Inc. and Gold Charm Limited v. Toshiba Corporation, Toshiba America, Inc. and Toshiba America Information Systems, Inc. (Civil Action No. 1:14-cv RGA); MiiCs & Partners, America, Inc. and Gold Charm Limited v. Funai Electric Co., Ltd., P&F USA, Inc. and Funai Corporation, Inc. (Civil Action No. 1:14-cv RGA); and MiiCs & Partners, America, Inc. and Gold Charm Limited v. Mitsubishi Electric Corporation, Mitsubishi Electric U.S. Holdings, Inc., Mitsubishi Electric U.S., Inc. and Mitsubishi Electric Visual Solutions America, Inc. (Civil Action No. 1:14-cv RGA). C. Lead and Backup Counsel (37 C.F.R. 42.8(b)(3)) Lead counsel is Jay I. Alexander (Reg. No. 32,678); T: (202) ; F: (202) ; E: jalexander@cov.com. Back-up counsel are Andrea G. Reister (Reg. No. 36,253) T: (202) ; F: (202) ; E: areister@cov.com and - 1 -

6 Gregory S. Discher (Reg. No. 42,488) T: (202) ; F: (202) ; E: The postal address for the foregoing counsel is: Covington & Burling LLP, One CityCenter, 850 Tenth St., N.W., Washington, D.C Additional back-up counsel are Paul Meiklejohn (Reg. No. 26,569); Adam Floyd (Reg. No. 39,192); and Clinton L. Conner (Reg. No. 52,764), each of whom can be contacted at T: (206) ; F: (206) ; E: The postal address for the foregoing counsel is: Dorsey & Whitney LLP, 701 Fifth Ave., Suite 6100, Seattle, WA Additional back-up counsel are Marc R. Labgold (Reg. No. 34,651); T: (703) ; F: (877) ; E: and Steven B. Kelber (Reg. No. 30,073); T: (240) ; F: (877) ; E: The postal address for the foregoing counsel is: Sunrise Valley Drive, Suite 110, Reston, VA D. Service Information (37 C.F.R. 42.8(b)(4)) Service information for lead and back-up counsel is provided in the designation of lead and back-up counsel above. II. FEES (37 C.F.R ) The undersigned authorizes the Office to charge $23,000 ($9,000 request fee and $14,000 post-institution fee) to Deposit Account No for the fees set forth in 37 C.F.R (a) for this Petition for Inter Partes Review. The - 2 -

7 undersigned further authorizes payment for any additional fees that might be due in connection with this Petition to be charged to the above referenced Deposit Account. III. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R A. Grounds for Standing (37 C.F.R (a)) Pursuant to 37 C.F.R (a), Petitioner certifies that the 275 Patent is available for inter partes review and that Petitioner is not barred or estopped from requesting an inter partes review challenging the 275 Patent on the grounds identified in the present petition. B. Citation of Prior Art Exhibit Reference Publication or Filing Date Availability as Prior Art Ex U.S. Patent No. 5,757,450 to Sep. 7, U.S.C. 102(e) Fujii et al. ( Fujii ) Ex U.S. Patent No. 5,648,858 to Jul. 21, U.S.C. 102(e) Shibata et al. ( Shibata ) Ex U.S. Patent No. 5,467,417 to Nov. 14, U.S.C. 102(b) Nakamura et al. ( Nakamura ) - 3 -

8 Exhibit Reference Publication or Filing Date Availability as Prior Art Ex. 1006, Japanese Patent Application May 25, U.S.C. 102(b) Ex Publication No. H by Tsutsui et al. and Certified English translation of the same ( Tsutsui ) C. Claims and Statutory Grounds (37 C.F.R (b)(1) & (b)(2)) The relief requested by Petitioner is that Claims 1, 2, and 4-10 of the 275 Patent be found unpatentable and cancelled from the 275 Patent on the following grounds: Ground Claims Basis I 1, 2, 4-6, 9 Under 35 U.S.C. 103 as obvious over Fujii in view of Shibata II 7, 8 Under 35 U.S.C. 103 as obvious over Fujii in view of Shibata and Nakamura III 10 Under 35 U.S.C. 103 as obvious over Fujii in view of Shibata and Tsutsui - 4 -

9 D. Unpatentability of the Construed Claims (37 C.F.R (b)(4)) An explanation of how Claims 1, 2 and 4-10 of the 275 Patent are unpatentable under the statutory ground(s) identified above, is provided in Section V., below. E. Supporting Evidence (37 C.F.R (b)(5)) The exhibit numbers of the supporting evidence relied upon to support the challenge and the relevance of the evidence to the challenge raised, including identifying specific portions of the evidence that support the challenge, are provided below in the form of explanatory text and claim charts. An Exhibit List with the exhibit numbers and a brief description of each exhibit is set forth above. IV. SUMMARY OF THE 275 PATENT A. Overview of the 275 Patent The 275 Patent is entitled Liquid Crystal Display and issued on Dec. 15, The application leading to the 275 Patent was filed on January 29, 1997, and claims priority to a foreign application filed January 30, The 275 Patent addresses the use of light shield areas between groups of terminals at the edge of an LCD. Figure 1 is a plan view of an LCD device of the - 5 -

10 275 Patent. The light shield areas 20 are shown highlighted in blue while terminal groups 15 and outgoing line groups 16 are shown highlighted in red. 1 In an LCD panel of the type in Figure 1 that lacked (blue) light shield areas 20, light rays emanating from the backlight (and mainly intended to be transmitted through the display portion of the LCD) would be blocked by the (red) terminal groups 15 and outgoing line groups 16 while other light rays would pass through the exposed areas between the terminal and outgoing line groups. This would cause 1 Figures from both the 275 Patent and the prior art have been colorized throughout this petition to distinguish commonalities. Terminal and outgoing line groups have been colored red while light shield areas have been colored blue

11 undesirable uneven luminance across the frame edge portion. (Ex. 1001, 1:67-2:14.) By applying light shields to the exposed areas between terminal and outgoing line groups, the amount of light leakage through the exposed areas is more closely matched to the amount of light leakage through the terminal areas, thus reducing or eliminating the problem of uneven luminance. (Id. at 2:38-52.) The 275 Patent describes two embodiments. A light shield area covering an exposed area may either be solid across each exposed area, as shown in Figure 2, or composed of strips, as shown in Figure 6. A light shield area composed of strips can be formed to more closely match the properties of the adjacent terminal areas, thus further decreasing uneven luminance as compared to a solid light shield. (Id. at 4:44-50.) The 275 Patent also discloses many well-known features of LCD panels such as the properties of liquid crystal, active-matrix TFT s (thin-film transistors), backlighting assemblies, and the use of light shield layers. (Id. at 1:10-2:35.) The - 7 -

12 patent characterizes the inventive concept as light shield areas arranged between terminal groups and outgoing line groups. (Id. at 2:44-45.) The only difference between the prior art and the invention depicted in the figures is the addition of light shield areas between terminal areas. Compare Fig. 3 to Fig. 10 (addition of light shield area 20 to Fig. 3, which prevents light ray 32 from passing through to the display area 14). B. Prosecution History Summary of the 275 Patent The original application that led to the 275 Patent had one independent claim and two dependent claims. All three claims were initially rejected on obviousness grounds. (Ex. 1002, pp ) The applicant amended Claim 1, the only independent claim, to add the further limitation that the light shield areas are provided on regions adjacent to but not touching the terminal areas. (Id. at ) The applicant also added seven additional claims. (Id.) In the ensuing office action, the examiner made clear in the Reasons for Allowance that the claims were - 8 -

13 - 9 - allowed because of the new adjacent to but not touching limitation added to Claim 1, as well as the new independent claims. (Id. at 83.) None of the references relied upon in this Petition (i.e., Fujii, Shibata, Nakamura and Tsutsui) was cited during the prosecution of the 275 Patent. C. Person of Ordinary Skill in the Art A person of ordinary skill in the art of the 275 Patent at the time of the alleged invention ( POSA ) would have had at least a Bachelor of Science degree involving the study of electrical engineering or other relevant fields and at least two years of professional experience designing liquid crystal displays ( LCD s ). (Ex. 1008, 17.) D. Claim Construction (37 C.F.R (b)(3)) Petitioner submits that the claim terms in the challenged claims should be understood in accordance with their plain and ordinary meaning. (Ex. 1008, 31.) As such, Petitioner does not propose constructions for particular claim terms. V. THERE IS A REASONABLE LIKELIHOOD THAT PETITIONER WILL PREVAIL WITH RESPECT TO AT LEAST ONE CLAIM OF THE 275 PATENT The subject matter of the challenged claims of the 275 Patent is disclosed and taught in the prior art as explained below. As set forth in V.A.-V.D., the references and combinations utilized in Grounds I-III render obvious each of Claims 1, 2, and 4-10 pursuant to 35 U.S.C. 103, and provide a reasonable likelihood that the Petitioner will prevail on at least one claim. 35 U.S.C. 314(a).

14 A. Prior Art Paragraphs of the Chiang Declaration, Ex. 1008, describe the state of the art regarding LCD panel design in the 1996 time frame. As that discussion and the prior art make clear, the purported innovations of the 275 Patent were well known by January U.S. Patent No. 5,757,450 to Fujii et al. ( Fujii ) (Ex. 1003) Fujii was filed on September 7, 1995 and issued on May 26, 1998 and is thus prior art to the 275 patent under 35 U.S.C. 102(e). Like the 275 Patent, Fujii relates to liquid crystal displays, and in particular the terminals at the frame edge portion of an LCD panel. (Ex. 1003, Abstract.) Fujii discloses that LCD s were well known in the prior art, and typically are composed of two glass insulating substrates with opposing electrodes facing each other and spaced apart. A seal is placed near the perimeter of the glass substrates so that a liquid crystal material can be sealed inside the space between the two glass substrates. (Id. at 1:22-35; Ex. 1008, 32.) At the frame edge portion, circuits for driving the display are connected to input terminals leading to the display electrodes of the glass substrates via tape carrier packages. (Ex. 1003, 1:41-56; Ex. 1008, 33.) A backlight assembly consisting of a fluorescent lamp and light guide plate is disposed behind the display to provide light to illuminate the display. (Ex. 1003, 19:41-49.)

15 While the specification of Fujii focuses on its applicability to simple-matrix type LCD s, Fujii also states that its invention also relates to active-matrix type LCD s. (Ex. 1003, 1:7-10.) Fujii teaches that active-matrix type LCD s employ thin-film transistors (TFT s) as switching devices and that in the active-matrix embodiment, scanning signal lines and video signal lines are employed in the substrate to address the TFT s. (Ex. 1003, 12:54-67; Ex. 1008, ) In Fujii, terminals 41-n are arranged in line at the edge of the Exposed Area electrode substrate and connected to the display electrodes via inclined linear leadout wirings 42-n as shown in Figure 1. (Ex. 1003, 3:9-25.) Because the leadout wirings 42-n are inclined, and thus arranged radially, large areas of the frame edge portion of the electrode substrate are exposed (i.e., not covered by either leadout or terminal wirings). (Ex. 1003, 3:24-28; Ex. 1008, 36.) While Figure 1 depicts approximately half of a group of terminals, with dashed line 44 representing the center line of a terminal group (Ex. 1003, 6:64-66), Figure 7A shows an area of the frame edge portion about four times the area shown by Figure 1. (Id., 6:46-47.) Figure 7A shows that the exposed areas between terminal groups are pentagonal in shape while the

16 exposed areas at corners, where the exposed area is bounded by only one terminal group, represent half of a pentagon. (Compare Fig. 29B to Fig. 11B (showing otherwise exposed corner areas covered by dummy electrodes); Ex. 1008, ) Exposed Areas Fujii teaches that the exposed areas can lead to a multitude of problems. Because there is a height difference between wired areas and exposed areas, the exposed areas can cause problems during the rubbing step of LCD manufacturing, where a molecular alignment layer is rubbed to determine the default alignment of the liquid crystals. (Ex. 1003, 3:9-23; Ex. 1008, ) Differences in step height can cause rubbing streak variations that lead to variations in the default alignment of the liquid crystals and thus differing amounts of light being passed through what should otherwise be uniformly black areas in the invention of Fujii. (Ex. 1003, 3:20-33; Ex. 1008, 41.) Step height differences between wired areas and exposed areas also contribute to uneven gap spacing between glass substrates that in turn lead to display irregularities. (Ex. 1003, 3:20-33; Ex. 1008, 42.)

17 Fujii teaches that these problems can be solved through the use of electrically floating dummy electrodes to make uniform the gap in the frame edge portion of an LCD. (Ex. 1003, Abstract, 10:52-53.) Dummy electrodes are made of the same material and thickness as the terminal and leadout wirings such that they eliminate the differences between wired areas and exposed areas. (Ex. 1003, 10:42-11:2; Ex. 1008, 43.) Dummy electrodes are made to be electrically floating (i.e., they do not make contact with adjacent live terminal and leadout wirings). (Ex. 1003, 17:64-66; Ex. 1008, ) Figure 7B shows the area of Fig. 7A with dummy electrodes (blue) placed in what would otherwise be exposed areas between terminal groups. (Ex. 1003, 10:38-46.) The electrically floating dummy electrodes fill the areas between terminal groups and take on the shape of the otherwise exposed areas -- a pentagon-like shape. (Ex. 1003, 10:42-46; Ex. 1008, 46.) The dummy electrode areas are made up of strips of parallel electrodes with the same pitches as those of the terminals 41-n and inclined wirings 42-n. (Ex. 1003, 10:42-46.)

18 In a further embodiment, the wirings, including the dummy electrode areas, contain a metal auxiliary electrode. Whereas the wirings of the first embodiment use a transparent indium-metal-oxide ( ITO ) material, the metal auxiliary electrodes are composed of aluminum and chromium layers. (Ex. 1003, 16:48-56; Ex. 1008, 47.) Figure 14A shows the metal auxiliary electrodes 56 of this embodiment, which consist of chromium layers, 56a, 56c (yellow) disposed both above and below an aluminum layer 56b (green). (Ex. 1003, 17:6-14; Ex. 1008, 48.) As shown in Figure 17, the dummy electrodes 45 are also provided with the metal auxiliary electrodes 56" 2 so that the same height is maintained across the frame edge portion. (Ex. 1003, 17:54-18:5; Ex. 1008, 49.) Fujii further teaches that additional dummy electrode strips 46 can be placed between terminals, including between the terminals in the dummy 2 The specification at column 18, line 4 references metal auxiliary electrodes 56Δ as shown in Figure 17. Item 56Δ does not appear in Figure 17. Instead, item 56" in Figure 17 corresponds to metal auxiliary electrodes. Thus, a POSA would understand that 56Δ is a typographical error referring to 56" in Figure 17. (Ex. 1008, 50.)

19 electrodes 45. (Ex. 1003, 11:20-43; Ex. 1008, 51.) Although not depicted in Figure 17, Fujii states that the metal auxiliary electrodes can be placed on the additional dummy electrode strips 46. (Ex. 1003, 18:46-50; Ex. 1008, 51.) As further discussed below ( V.B), and as suggested by Fujii itself (Ex. 1003, 16:29-32), the metal auxiliary electrodes are opaque. Thus, this embodiment provides an opaque material between terminal groups. (Ex. 1008, ) 2. U.S. Patent No. 5,648,858 to Shibata et al. ( Shibata ) (Ex. 1004) Shibata was filed on July 21, 1993 and issued on July 15, 1997 and is thus prior art to the 275 patent under 35 U.S.C. 102(e). Shibata discloses an LCD panel. Like Fujii, Shibata discloses two substrates with liquid crystal sealed between them. (Ex. 1004, 1:23-38.) The focus of Shibata is on active-matrix LCD technology instead of simple-matrix technology. (Id. at 1:12.) Thus, Shibata teaches constructing an active-matrix LCD using TFT s with gate signal lines, drain signal lines and a common opposing electrode. (Id. at 1:23-33, 5:1-7; Ex. 1008, 54.) Furthermore, Shibata teaches the use of all-metal terminals made of materials such as chromium in such displays. (Ex. 1004, 12:7-8, Fig. 18 (GTM); Ex. 1008, 55.) Importantly, Shibata further teaches that metal films composed of materials such as aluminum or chromium are opaque and act as light shields. (Ex. 1004, 10:19-21; Ex. 1008, 56.)

20 3. U.S. Patent No. 5,467,417 to Nakamura et al. ( Nakamura ) (Ex. 1005) Nakamura was filed on September 8, 1993 and issued on November 14, 1995 and is thus prior art to the 275 patent under 35 U.S.C. 102(b). 3 Nakamura relates to backlighting technology for LCD s. Nakamura teaches the use of a reflector plate 2 to reflect light from a light tube 1 into a lightguide plate 3. (Ex. 1005, 3:26-29; Ex. 1008, 57.) As shown in Figure 2, light emitted from a cold cathode-ray tube is reflected off of the reflector and into the side of the lightguide plate, which in turn redirects the light towards the liquid crystal element 7. (Ex. 1005, 4:44-56; Ex. 1008, 58.) Reflector plate Light Tube 3 Given the filing date of the 275 Patent, pre-aia 102(b) applies, under which the critical date is the date of application for patent in the United States, without regard to a claim of priority under 35 U.S.C. 119(a)

21 4. Japanese Patent Application Publication No. H by Tsutsui et al. and Certified English translation of the same ( Tsutsui ) (Exs & 1007) Tsutsui was published on May 25, 1993 and is thus prior art to the 275 patent under 35 U.S.C. 102(b). The original Japanese publication is provided as Exhibit 1006 while a certified English translation is provided as Exhibit Tsutsui teaches that in an LCD (Ex. 1007, [0001]) terminal electrodes absorb light and therefore differences arise in light transmittance and transmission spectra between sections containing electrodes and those that are devoid of electrodes. (Id., [0005].) To solve the problem of uneven transmission, Tsutsui teaches the use of dummy electrodes 2 (blue) to match the transmittance of the original electrodes 1 (red). (Id. at [0011].) Tsutsui discloses that this can be accomplished using various combinations of dummy electrode strip patterns, as shown in Figures 1 and 2. (Id. at [0013]-[0014].) By selecting the pattern of the dummy electrode group, the pattern of transmittance can be matched virtually completely. (Id. at [0011]; See also, Ex. 1008, )

22 B. Ground I: Claims 1, 2, 4-6 and 9 are Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata. As detailed above in V.A.1, Fujii discloses a liquid crystal display, and, in particular, the terminals at the frame edge portion of such a display. (Ex. 1003, Abstract.) While most of Fujii s disclosures reference a simple-matrix display, Fujii explains that its invention can equally be applied to active-matrix LCD s utilizing TFT s. (Ex. 1003, 1:7-10, 12:54-67.) Fujii and Shibata disclose opaque light shield areas formed in the frame edge portion of an LCD in two ways. First, Fujii describes the use of transparent dummy electrodes used at exposed areas between terminal groups. (Ex. 1003, Abstract, 10:52-53.) These electrically floating electrodes are adjacent to, but do not touch, the terminal groups so as to prevent them from energizing and activating the liquid crystal layer. (Ex. 1003, 11:20-43, 17:64-66; Ex. 1008, 45.) In one embodiment, the transparent dummy electrodes (as well as the terminal groups) contain additional metal auxiliary electrodes composed of aluminum and chromium. (Ex. 1003, 16:48-56, 18:2-5; Ex. 1008, 47.) While Fujii does not explicitly teach that aluminum and chromium are opaque, it was well known by those of ordinary skill in the art (as evidenced by Shibata) that those materials are opaque and can be used as light shield areas. (Ex. 1004, 10:19-21; Ex. 1008, 52, 56, 63.) Furthermore, the 275 Patent acknowledges that aluminum and chromium wiring materials can be used as opaque light shield areas. (Ex. 1001, 4:24-30; Ex. 1008, 52.) Thus, one

23 skilled in the art would understand that the metal auxiliary electrode embodiment of Fujii discloses opaque light shield areas disposed between terminal groups. (Ex. 1008, 64.) Second, as Dr. Chiang describes in her declaration, it was well known to a POSA that the terminals of active matrix displays are conventionally formed of opaque metallic films such as aluminum or chromium film. (Ex. 1008, 65.) Shibata provides an example of such an active-matrix display where the terminals are composed of opaque metallic film. (Ex. 1004, 12:7-8; Ex. 1008, 65.) A POSA knew that the fabrication of active matrix displays with TFT s included the deposition of metallic films and that no extra steps are required to fabricate terminals with metallic film. (Ex. 1008, 66.) Because metallic film has a lower resistance than transparent ITO film, as Fujii teaches (Ex. 1003, 16:19-27, 16:61-64), it is preferable from the standpoint of cost, efficiency and performance to use metallic film in active-matrix displays where it does not add additional steps to the manufacturing process. (Ex. 1008, 67.) Thus, it would be apparent to a person of ordinary skill in the art that when the invention of Fujii is applied to active-matrix displays, as Fujii expressly contemplates (Ex. 1003, 1:7-10, 12:54-67), the terminals and dummy electrodes would be made of an opaque metallic film instead of transparent ITO film with a metal auxiliary electrode. (Ex. 1008, )

24 A POSA would have reason to combine Fujii s invention with Shibata s disclosure regarding the use of metallic terminals in active-matrix displays. Fujii expressly contemplates that its invention can also be applied to an active matrix liquid crystal display that employs thin-film transistors as switching devices. (Ex. 1003, 12:58-61.) A POSA would have known that in the early and mid-1990 s, active-matrix displays were increasingly displacing older simple-matrix-addressed LCD technologies, including STN-LCD s, due to the strong advantages of TFT- LCD s including factors such as large dynamic range, high contrast ratio, and high video rates. (Ex. 1010, I-Wei Wu, High-Definition Displays and Technology Trends in TFT-LCDs, J. Soc y Info. Display., Apr. 1994, at 1-2; Ex. 1008, 68.) These advantages made active-matrix LCD s superior to other LCD s in image quality. (Ex at 5.) A POSA would therefore have reason to implement the invention of Fujii using active-matrix display technology to take advantage of its superior display qualities, and would naturally look to a reference such as Shibata, which discloses active-matrix display technology. (Ex. 1004, 4:50-58; Ex. 1008, 69.) Fujii and Shibata are both directed to LCD technology. The relevant portions of Fujii and Shibata are directed to the same specific subject matter; i.e., the peripheral area of an LCD substrate including the terminals and outgoing line wirings. (Ex. 1008, 70.) Thus, a POSA would readily appreciate Shibata s complementary teachings to use metallic materials in the manufacture of active

25 matrix LCD s, as well their opaque optical qualities, to yield the predictable result of providing opaque light shield areas on exposed areas between terminal groups and outgoing line groups. (Ex. 1008, 71.) As shown in the charts below, in conjunction with the discussion of the references in V.A, above, the combination of Fujii and Shibata discloses all of the limitations of Claims 1, 2, 4-6, and 9. Claim 1 A liquid crystal display, comprising: a plurality of transparent pixel electrodes, a first substrate having a plurality of terminal groups electrically connected to said transparent pixel electrodes via outgoing line groups, Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. The liquid crystal display unit includes two insulating substrates made of transparent glasses (called electrode substrates) which are so placed as to be opposite to each other with a predetermined distance in between in such a way that the surfaces of the insulating substrates on which transparent pixel electrodes for display and a molecular alignment layer are so stacked as to face each other. Ex. 1003, 1: A large number of output terminals (outer leads on the output side) of the TCP and a large number of input terminals of the liquid crystal display unit connected to the display electrodes (the input terminals are formed and arranged at the end portion of the surface of one of the transparent glass substrates or electrode substrates constituting the liquid crystal display unit) are connected by an anisotropic conductive film. Ex. 1003, 1:

26 Claim 1 Fujii in view of Shibata FIG. 1 is a partial plan view of an electrode substrate that constitutes a liquid crystal display unit of the first embodiment of this invention. This schematically shows a part of the leadout wirings on the righthand side of the center line of the terminal group which corresponds to one TCP mounted on an electrode substrate. Ex. 1003, 6: See also, Ex. 1003, Figs. 1, 7B & 17. See also, Ex. 1008, 33. a second substrate having opposing electrodes opposite to said transparent pixel electrodes, and The liquid crystal display unit includes two insulating substrates made of transparent glasses (called electrode substrates) which are so placed as to be opposite to each other with a predetermined distance in between in such a way that the surfaces of the insulating substrates on which transparent pixel electrodes for display and a molecular alignment layer are so stacked as to face each other. Ex. 1003, 1: In FIGS. 12 and 13, reference numeral 31 represents an upper polarizing plate, 33 a retardation film, 311 an upper electrode substrate, 53 a black matrix, 57 a color filter, 323 a planarizing film, 331 an upper electrode (scanning electrode), 321 an upper molecular alignment layer, 350 a liquid crystal layer, 54 a spacer bead, 322 a lower molecular alignment layer, 55 an electrode protective film 332 a lower electrode (signal electrode), 312 a lower electrode substrate, 34 a lower retardation film, and 32 a lower polarizing plate. Ex. 1003, 14:63-15:5. a liquid crystal sealed between said A sealing material provided between the

27 Claim 1 first and second substrates, and a light shield material provided on regions adjacent to but not touching said terminal groups and said outgoing line groups so as to form light shield areas. Fujii in view of Shibata insulating substrates and along the circumferential portion of the insulating substrates for joining these insulating substrates together; liquid crystal fed and sealed inside the sealing member between the insulating substrates through a liquid crystal injection port provided at one part of the sealing member. Ex. 1003, 1: This embodiment has, in addition to the configuration of the first embodiment, dummy electrodes 45 in spaces between the terminals 41-n that are connected to the TCP and arranged in line at the end of the electrode substrate. Ex. 1003, 10: In this embodiment, the dummy electrodes 45 are formed of an ITO film and electrically floating. Ex. 1003, 10: [T]he metal auxiliary electrode 56 of an embodiment of this invention consists of three layers--a lower layer Cr film 56a, an Al film 56b and an upper layer Cr film 56c--and is arranged at the center of the transparent electrode. Ex. 1003, 16: [A]lso between the dummy electrodes 45 and the electrode substrate 311 are provided metal auxiliary electrodes 56Δ of the same construction as those of the metal auxiliary electrodes 56. Ex. 1003, 18:2-5. See also, Ex. 1003, Fig. 17. The shielding film BM is formed of a film having a high shielding property to the light, e.g., an aluminum film or chromium film. Ex. 1004, 10:

28 Claim 1 Fujii in view of Shibata See also, Ex. 1008, 52, 63. See also, Ex. 1008, Claim 2 A liquid crystal display as defined in claim 1, wherein said light shield areas are an aggregation of a plurality of strips. Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also Claim 1. The dummy electrodes 45 have a shape with which the spaces between the terminals 41-n are filled, that is, they consist of parallel electrodes 45a with the same pitches as those of the terminals 41-n and inclined linear electrodes 45b. Ex. 1003, 10: This embodiment has, in addition to the configuration of the first and second embodiment, dummy electrodes 46 in spaces between the terminals 41 in the frame edge portion. Ex. 1003, 11: See also, Ex. 1003, Fig. 5. [A]lso between the dummy electrodes 45 and the electrode substrate 311 are provided metal auxiliary electrodes 56Δ of the same construction as those of the metal auxiliary electrodes 56. Ex. 1003, 18:2-5. See also, Ex. 1003, Fig. 17. Although this embodiment is not provided with metal auxiliary electrodes with the construction similar to that of the metal

29 Claim 2 Fujii in view of Shibata auxiliary electrodes 56 between the dummy electrodes 46 and the electrode substrate, it is possible to provide the embodiment with them. Ex. 1003, 18: Claim 4 A liquid crystal display as defined in claim 1, wherein each of said light shield areas located along one side of said first substrate has a pentagon-like shape. Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also, Claim 1. The dummy electrodes 45 are shaped as shown to occupy the space, that is, they consist of parallel electrodes 45a with equal pitches and equal widths and inclined linear electrodes 45b. The inclined electrodes 45b are provided between the inclined linear wirings 42 of the outermost terminals 41-n of the adjacent terminal groups at the same angle and with the same pitch as those of the inclined linear wirings 42. Ex. 1003, 17: See also, Figs. 7B & 17. Claim 5 A liquid crystal display, comprising: a first substrate provided with a plurality of thin film transistors (TFTs) and a plurality of pixel electrodes connected to said TFTs, said first substrate having a plurality of terminal groups Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. The liquid crystal display unit includes two insulating substrates made of transparent glasses (called electrode substrates) which are so placed as to be opposite to each other with a predetermined distance in between in such a way that the surfaces of the insulating

30 Claim 5 electrically connected to said TFTs via outgoing line groups, said terminal groups being spaced apart from each other along a side portion of said first substrate so as to provide an exposed area therebetween; Fujii in view of Shibata substrates on which transparent pixel electrodes for display and a molecular alignment layer are so stacked as to face each other. Ex. 1003, 1: For example, the above embodiments are applications to the simple matrix liquid crystal display, the invention can also be applied to an active matrix liquid crystal display that employs thin-film transistors as switching devices. Ex. 1003, 12: A large number of output terminals (outer leads on the output side) of the TCP and a large number of input terminals of the liquid crystal display unit connected to the display electrodes (the input terminals are formed and arranged at the end portion of the surface of one of the transparent glass substrates or electrode substrates constituting the liquid crystal display unit) are connected by an anisotropic conductive film. Ex. 1003, 1: FIG. 1 is a partial plan view of an electrode substrate that constitutes a liquid crystal display unit of the first embodiment of this invention. This schematically shows a part of the leadout wirings on the righthand side of the center line of the terminal group which corresponds to one TCP mounted on an electrode substrate. Ex. 1003, 6: See also, Ex. 1003, Figs. 1, 7B & 17. As shown in FIG. 1, each pixel is arranged in a cross region (defined by four signal lines) between two adjacent scanning signal lines (e.g., gate signal lines or horizontal

31 Claim 5 Fujii in view of Shibata signal lines) GL and two video signal lines (e.g., drain signal lines or vertical signal lines) DL. Each pixel includes a thin film transistor TFT, a transparent pixel electrode ITO1 and a additional capacitor Cadd. Ex. 1004, 5:1-7. The transparent pixel electrode ITO1 is connected with both the source electrode SD1 of the thin film transistor TFT1 and the source electrode SD1 of the thin film transistor TFT2. Ex. 1004, 8: See also, Ex. 1008, 19. The first dummy electrodes are provided in a wide space between the terminal groups connected to TCPs arranged in line at the end portion of the electrode substrate. Ex. 1003, 23:8-10. an opaque material formed on said exposed area without touching said terminal groups and said outgoing line groups; See also, Ex. 1003, Fig. 7A. This embodiment has, in addition to the configuration of the first embodiment, dummy electrodes 45 in spaces between the terminals 41-n that are connected to the TCP and arranged in line at the end of the electrode substrate. Ex. 1003, 10: In this embodiment, the dummy electrodes 45 are formed of an ITO film and electrically floating. Ex. 1003, 10: [T]he metal auxiliary electrode 56 of an embodiment of this invention consists of three layers--a lower layer Cr film 56a, an Al film 56b and an upper layer Cr film 56c--and is arranged at the center of the transparent electrode. Ex. 1003, 16:

32 Claim 5 Fujii in view of Shibata [A]lso between the dummy electrodes 45 and the electrode substrate 311 are provided metal auxiliary electrodes 56Δ of the same construction as those of the metal auxiliary electrodes 56. Ex. 1003, 18:2-5. See also, Ex. 1003, Fig. 17. The shielding film BM is formed of a film having a high shielding property to the light, e.g., an aluminum film or chromium film. Ex. 1004, 10: See also, Ex. 1008, 52, 63. See also, Ex. 1008, a second substrate with a counter electrode opposing to said first substrate; and The liquid crystal display unit includes two insulating substrates made of transparent glasses (called electrode substrates) which are so placed as to be opposite to each other with a predetermined distance in between in such a way that the surfaces of the insulating substrates on which transparent pixel electrodes for display and a molecular alignment layer are so stacked as to face each other. Ex. 1003, 1: In FIGS. 12 and 13, reference numeral 31 represents an upper polarizing plate, 33 a retardation film, 311 an upper electrode substrate, 53 a black matrix, 57 a color filter, 323 a planarizing film, 331 an upper electrode (scanning electrode), 321 an upper molecular alignment layer, 350 a liquid crystal layer, 54 a spacer bead, 322 a lower molecular alignment layer, 55 an electrode protective film 332 a lower electrode (signal

33 Claim 5 Fujii in view of Shibata electrode), 312 a lower electrode substrate, 34 a lower retardation film, and 32 a lower polarizing plate. Ex. 1003, 14:63-15:5. A liquid crystal display panel (or a liquid crystal display device) is constructed: by superposing a lower substrate... and an upper substrate, which is formed over an upper transparent glass substrate sequentially with a black matrix, a color filter, a passivation film for the color filter, a common transparent pixel electrode. Ex. 1004, 1: See also, Ex. 1008, 32. a liquid crystal layer sandwiched between said first substrate and said second substrate. A sealing material provided between the insulating substrates and along the circumferential portion of the insulating substrates for joining these insulating substrates together; liquid crystal fed and sealed inside the sealing member between the insulating substrates through a liquid crystal injection port provided at one part of the sealing member. Ex. 1003, 1: Claim 6 A liquid crystal display according to claim 5, wherein said exposed area has a pentagon-like shape. Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also, Claim 5. The dummy electrodes 45 are shaped as shown to occupy the space, that is, they consist of parallel electrodes 45a with equal pitches and equal widths and inclined linear electrodes 45b. The inclined electrodes 45b

34 Claim 6 Fujii in view of Shibata are provided between the inclined linear wirings 42 of the outermost terminals 41-n of the adjacent terminal groups at the same angle and with the same pitch as those of the inclined linear wirings 42. Ex. 1003, 17: Further, the first dummy electrodes are provided in a wide space between the terminal groups connected to TCPs arranged in line at the end portion of the electrode substrate. Ex. 1003, 23:8-10. Claim 9 A liquid crystal display according to claim 5, wherein said plurality of terminal groups are provided adjacent to said side portion and said exposed area are provided at a corner portion of said first substrate, and said opaque material is formed on said exposed area at said corner portion. Fujii in view of Shibata The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also, Claim 5. This embodiment has, in addition to the configuration of the first embodiment, dummy electrodes 45 in spaces between the terminals 41-n that are connected to the TCP and arranged in line at the end of the electrode substrate. Ex. 1003, 10: In this embodiment, the dummy electrodes 45 are formed of an ITO film and electrically floating. Ex. 1003, 10: [T]he metal auxiliary electrode 56 of an embodiment of this invention consists of three layers--a lower layer Cr film 56a, an Al film 56b and an upper layer Cr film 56c--and is arranged at the center of the transparent electrode. Ex. 1003, 16:

35 Claim 9 Fujii in view of Shibata [A]lso between the dummy electrodes 45 and the electrode substrate 311 are provided metal auxiliary electrodes 56Δ of the same construction as those of the metal auxiliary electrodes 56. Ex. 1003, 18:2-5. See also, Ex. 1003, Fig. 17. The shielding film BM is formed of a film having a high shielding property to the light, e.g., an aluminum film or chromium film. Ex. 1004, 10: See also, Ex. 1008, 52, 63. See also, Ex. 1008, See also, Ex. 1003, Figs. 7B, 11B & 29B; Shibata Fig. 18, 5: See also, Ex. 1008, C. Ground II: Claims 7 and 8 are Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata and Nakamura. As discussed above, Fujii and Shibata disclose the elements of Claim 5. While Fujii describes backlight assemblies in the prior art, backlights are not a focus of the reference. Fujii discloses a fluorescent lamp disposed at the edge of a light guide plate located behind the display. (Ex. 1003, 19:41-49; Fig. 18.) However, Fujii does not explicitly describe a reflector for reflecting light as required by Claim 8. While Claim 7 does not include the reflector limitation, it is also addressed under this ground in the event that the patent owner takes the

36 position that the construction of the term back light as used in Claim 7 necessarily includes a reflector. As detailed above in V.A.3, Nakamura teaches the use of a reflector to reflect light from a light tube and direct it into the side of the light guide plate. (Ex. 1005, 3:26-29, 4:44-56; Ex. 1008, 72.) A POSA implementing the invention of Fujii would be aware that light can escape from a light tube in multiple directions. (Ex. 1008, 73.) Such a person would have reason to consider ways to direct that light in a desired direction, in this case towards the light guide plate so that it can be directed towards the liquid crystal display. (Ex. 1008, 73.) A POSA would have recognized that redirecting light in the desired direction would decrease the amount of wasted light and energy consumed by backlighting. (Ex. 1008, 74.) A POSA would have readily looked to Nakamura for details on implementing a backlight assembly for an LCD and specifically redirecting light towards a light guide plate because it is advantageous to decrease the amount of wasted light and energy, which in turn decreases excessive heating in the device. (Ex. 1008, 74.) Nakamura s disclosure of the use of a reflector to reflect light into a light guide plate, combined with the LCD of Fujii, would have yielded the predictable result of providing a reflector for reflecting light in a back light assembly of an LCD. (Ex. 1008, 75.)

37 As shown in the charts below, in conjunction with the discussion of the references in V.A, above, the combination of Fujii, Shibata and Nakamura disclose all of the limitations of Claims 7 and 8. Claim 7 A liquid crystal display according to claim 5, further comprising a back light provided behind said first substrate. Fujii in view of Shibata and Nakamura The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also, Claim 5. The liquid crystal display comprises... a backlight disposed under the liquid crystal display unit to supply light to the liquid crystal display unit. Ex. 1003, 1: A light guide 24 of acrylic plate for uniformly illuminating the liquid crystal device 18 with light from cold-cathode fluorescent lamps 20 arranged at the upper and lower ends of the liquid crystal device 18 is fitted into the window section of the frame body 16. Ex. 1003, 19: See also, Ex. 1003, Fig. 18. In FIGS. 1 and 2, reference numeral 1 denotes a cold cathode-ray tube, 2 denotes a reflector plate, and 3 denotes a lightguide plate made of an acrylic resin or the like resin and having a reflector 4 such as white paint applied to the lower surface thereof. Ex. 1005, 3: The light emitted from the cold cathode-ray tube 1 is incident on the side surface of the lightguide plate 3 directly or after-reflected from the reflector plate 2, reflected by the

38 Claim 7 Fujii in view of Shibata and Nakamura reflection member 4 applied to the lower side of the lightguide plate 3, and emitted from the upper side of the lightguide plate 3. Ex. 1005, 4: See also, Ex. 1008, Claim 8 A liquid crystal display according to claim 7, wherein said back light comprises a fluorescent tube, a reflector for reflecting light from said fluorescent tube in a same direction, and a light guiding plate for radiating said light toward said liquid crystal layer through said first substrate. Fujii in view of Shibata and Nakamura The present invention relates to a liquid crystal display of a simple matrix type or an active matrix type. Ex. 1003, 1:8-9. See also, Claim 7. The liquid crystal display comprises... a backlight disposed under the liquid crystal display unit to supply light to the liquid crystal display unit. Ex. 1003, 1: A light guide 24 of acrylic plate for uniformly illuminating the liquid crystal device 18 with light from cold-cathode fluorescent lamps 20 arranged at the upper and lower ends of the liquid crystal device 18 is fitted into the window section of the frame body 16. Ex. 1003, 19: See also, Ex. 1003, Fig. 18. In FIGS. 1 and 2, reference numeral 1 denotes a cold cathode-ray tube, 2 denotes a reflector plate, and 3 denotes a lightguide plate made of an acrylic resin or the like resin and having a reflector 4 such as white paint applied to the lower surface thereof. Ex. 1005, 3:

39 Claim 8 Fujii in view of Shibata and Nakamura The light emitted from the cold cathode-ray tube 1 is incident on the side surface of the lightguide plate 3 directly or after-reflected from the reflector plate 2, reflected by the reflection member 4 applied to the lower side of the lightguide plate 3, and emitted from the upper side of the lightguide plate 3. Ex. 1005, 4: See also, Ex. 1008, D. Ground III: Claim 10 is Unpatentable Under 35 U.S.C. 103(a) as Obvious Over Fujii in View of Shibata and Tsutsui. As shown in the claim charts above, Fujii and Shibata disclose the use of opaque metal auxiliary electrodes on dummy electrodes between terminal groups of a TFT LCD. As detailed in V.A.1, Fujii further suggests that its dummy electrodes have the effect of decreasing a difference of a quantity of light leakage penetrating obliquely from a vicinity of the display portion into the display portion caused by a difference between said exposed area and said terminal groups as required by Claim 10. This decrease in difference is caused by a reduction in rubbing streak variations during the manufacturing process caused by height differences between terminal groups and exposed areas that would lead to differing amounts of light being passed through what would otherwise be uniformly black areas in the invention of Fujii. (Ex. 1003, 3:20-33; Ex. 1008, 41.)

40 To the extent that Fujii does not explicitly teach decreasing a difference of a quantity of light leakage as required by Claim 10, Tsutsui explicitly teaches that the use of dummy electrodes solves the problem of differences in light transmittance between sections containing electrodes and those that are devoid of electrodes. (Ex. 1007, [0005]; Ex. 1008, 76.) Tsutsui further teaches that by selecting the pattern of the dummy electrode strips, the aperture ratio of the dummy electrode strips can be made to match the transmittance of the sections containing electrodes. (Ex. 1007, [0014]; Ex. 1008, 77.) By selecting the pattern of the dummy electrodes, the transmittance of the original electrodes can be matched virtually completely. (Ex. 1007, [0011]; see also, Ex. 1008, 77.) A POSA would readily combine the teaching of Tsutsui with Fujii. Both Tsutsui and Fujii describe the terminal areas of LCD s and specifically the uses of dummy electrodes disposed between terminal groups to solve problems involving the uneven transmittance of light. (Ex. 1008, 78.) A POSA therefore would have reason to employ Tsutsui s teaching of using dummy electrodes to decrease, virtually completely, differences in light transmittance penetrating obliquely from a vicinity of the display portion into the display portion in the device of Fujii in order to achieve a uniformly lit display without uneven brightness caused by differences in light transmittance caused by the terminals and leadout wirings. (Ex. 1008, 79.)