Trials@uspto.gov
`Tel: 571-272-7822
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`
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`
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`Paper 7
`Entered: September 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`DIGITAL EMPIRE LIMITED,
`Petitioner,
`
`v.
`
`HILLTOP TECHNOLOGY LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00584
`Patent 7,864,503 B2
`_______________
`
`
`Before MICHELLE R. OSINSKI, JAMES B. ARPIN, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`OSINSKI, Administrative Patent Judge.
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`
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
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`Page 1 of 30
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`Wintek Exhibit 1031
`IPR2013-00568
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`Tel: 571-272-7822
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`
`
`
`
`Paper 7
`Entered: September 10, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`DIGITAL EMPIRE LIMITED,
`Petitioner,
`
`v.
`
`HILLTOP TECHNOLOGY LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00584
`Patent 7,864,503 B2
`_______________
`
`
`Before MICHELLE R. OSINSKI, JAMES B. ARPIN, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`OSINSKI, Administrative Patent Judge.
`
`
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`Page 1 of 30
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`I.
`
`INTRODUCTION
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`A. Background
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`Digital Empire Limited (“Petitioner”) filed a Petition (Paper 1, “Pet.”)
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`requesting an inter partes review of claims 1–12 of U.S. Patent No.
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`7,864,503 B2 (Ex. 1001, “the ’503 patent”). Hilltop Technology LLC
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`(“Patent Owner”) did not file a Preliminary Response to the Petition. We
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`have jurisdiction under 35 U.S.C. § 314, which provides that inter partes
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`review may not be instituted “unless . . . there is a reasonable likelihood that
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`the petitioner would prevail with respect to at least 1 of the claims
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`challenged in the petition.” 35 U.S.C. § 314(a).
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`Upon consideration of the Petition, we determine that there is a
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`reasonable likelihood that Petitioner will prevail with respect to claims 1–12
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`of the ’503 patent. Accordingly, we institute an inter partes review of
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`claims 1–12 of the ’503 patent.
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`B. Related Proceedings
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`Petitioner represents that the ’503 patent has been the subject of
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`Federal district court proceedings in the Eastern District of Texas. Pet. 1.
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`Patent Owner represents that these proceedings include: (1) Hilltop
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`Technology LLC v. AU Optronics Corp., Case No. 2:13-cv-00767-JRG-RSP
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`(E.D. Tex.); (2) Hilltop Technology LLC v. Wintek Corp., Case No. 2-13-cv-
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`00964-JRG-RSP (E.D. Tex.); (3) Hilltop Technology LLC v. Apple Inc.,
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`Case No. 2:14-cv-00050-JRG-RSP (E.D. Tex.); and (4) Hilltop Technology
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`LLC v. TPK Holding Co., Ltd., Case No. 2:13-cv-00965-JRG-RSP (E.D.
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`Tex.). Paper 5 at 2.
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`2
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`C. The ’503 Patent (Ex. 1001)
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`The ’503 patent relates to a capacitive-type touch panel designed to
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`eliminate the difficulty in identifying the location touched by the user
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`because of noise generated between bonding wires due to a gap formed
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`therebetween. Ex. 1001, 1:12, 43–47. Figure 2 of the ’503 patent is
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`reproduced below.
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`
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`Figure 2 depicts a schematic top view of the capacitive-type touch
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`panel, including transparent substrate 3 having opposed surfaces 31, 32 and
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`an array of first conductors 41 and an array of second conductors 42 formed
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`on top surface 31. Id. at 2:13-15, 28–34. First conductors 41 are arranged
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`into parallel columns, and second conductors 42 are arranged into parallel
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`rows. Id. at 3:26–30. First and second conductors 41, 42 are formed with a
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`plurality of holes 413, 423, and each of holes 413, 423 is preferably a
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`3
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`through-hole. Id. at 2:58–61. Sensitivity in detecting the coordinates of a
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`touched location can be adjusted by changing the number and/or diameter of
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`holes 413, 423. Id. at 2:62–65. Figure 5 of the ’503 patent is reproduced
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`below.
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`Figure 5 depicts a fragmentary perspective view of spaced apart
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`conductive bridging lines 412, 422 of the capacitive-type touch panel. Id. at
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`2:20–22. First bridging lines 412 interconnect two adjacent first conductors
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`41, and second bridging lines 422 interconnect two adjacent second
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`conductors 42. Id. at 2:34–39. A plurality of spaced apart insulators 5 are
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`disposed at intersections of first and second bridging lines 412, 422, so as to
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`separate them. Id. at 2:40–48. The capacitive-type touch panel further
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`includes a plurality of conductive first and second connecting lines 61, 62
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`and a plurality of first and second bonding wires 63, 64, each connected to
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`one of first and second connecting lines 61, 62, respectively, and extending
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`outwardly therefrom through side edge 33 of transparent substrate 3. Id. at
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`3:23–25, 38–46. Controller 2 is connected to first and second bonding wires
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`63, 64 for detecting the location where a change in the electric field among
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`first and second conductors 41, 42 occurs during use of the capacitive-type
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`touch panel. Id. at 3:47–51.
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`D. Illustrative Claim
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`Claim 1 is illustrative and is reproduced below.
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`1. A capacitive type touch panel comprising:
`a transparent substrate having opposite top
`and bottom surfaces;
`an array of first conductors formed on said
`top surface of said transparent substrate;
`an array of second conductors formed on
`said top surface of said transparent substrate and
`disposed alternately with said first conductors;
`a plurality of spaced apart conductive first
`bridging lines, each of which interconnects two
`adjacent ones of said first conductors;
`a plurality of spaced apart conductive
`second bridging lines, each of which interconnects
`two adjacent ones of said second conductors and
`each of which intersects insulatively a respective
`one of said first bridging lines; and
`a plurality of spaced apart insulators, each of
`which is disposed at an intersection of a respective
`one of said first bridging lines and a respective one
`of said second bridging lines so as to separate the
`respective one of said first bridging lines from the
`respective one of said second bridging lines.
`
`E. Prior Art Relied Upon in the Petition
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`Petitioner relies on the references listed below:
`
`Exhibit Reference
`
`US 6,137,427 (“Binstead”)
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`US 2005/0030048 A1 (“Bolender”)
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`JP 60-075927A (citations are to English language translation, Ex.
`1006) (“Fujitsu”)
`WO 2006/029517 A1 (“Fong”)
`
`US 7,259,106 B2 (“Jain”)
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`5
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`1003
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`1004
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`1005
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`1007
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`1008
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`Exhibit Reference
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`1009
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`1010
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`1011
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`1012
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`1014
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`1015
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`1016
`
`1017
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`US 2007/0229469 A1 (“Seguine”)
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`US 2006/0032664 A1 (“Ohtake”)
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`WO 2007/008518 A2 (“Takeda”)
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`US 2007/0240914 A1 (“Lai”)
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`US 6,661,408 B2 (“Chen”)
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`US 6,781,642 B2 (“Nakanishi 1”)
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`US 7,161,588 B2 (“Nakanishi 2”)
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`US 2007/0215377 A1 (“Aoki”)
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`F. The Asserted Grounds of Unpatentability
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`The Petition sets forth Petitioner’s contentions of unpatentability of
`
`claims 1–12 of the ’503 patent based on the following specific grounds.
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`Claims challenged
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`Basis
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`References
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`1-3
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`1-4
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`1-3, 11
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`4
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`4
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`4
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`4
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`5-8
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`9
`
`9
`
`
`
`§ 102(b)
`
`Fujitsu
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`§ 102(b)
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`Bolender
`
`§ 103(a)
`
`Fujitsu and Binstead
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`§ 103(a)
`
`Fujitsu and Lai
`
`§ 103(a)
`
`Fujitsu and Takeda
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`§ 103(a)
`
`Bolender and Lai
`
`§ 103(a)
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`Bolender and Takeda
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`§ 103(a)
`
`Fujitsu and Bolender
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`§ 103(a)
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`Fujitsu and Aoki
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`§ 103(a)
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`Fujitsu and Fong
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`Claims challenged
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`Basis
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`References
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`10
`
`10
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`11
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`11
`
`12
`
`12
`
`12
`
`12
`
`12
`
`§ 103(a)
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`Fujitsu and Jain
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`§ 103(a)
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`Bolender and Jain
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`§ 103(a)
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`Fujitsu and Seguine
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`§ 103(a)
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`Bolender and Seguine
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`§ 103(a)
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`Fujitsu, Seguine, and Ohtake
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`§ 103(a)
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`Fujitsu, Seguine, and Chen
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`§ 103(a)
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`Fujitsu, Seguine, and Nakanishi 1
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`§ 103(a)
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`Fujitsu, Seguine, and Nakanishi 2
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`§ 103(a)
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`Bolender, Seguine, and Ohtake
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`II. DISCUSSION
`
`A. Claim Construction
`
`In an inter partes review, claim terms in an unexpired patent are given
`
`their broadest reasonable construction in light of the patent specification.
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`37 C.F.R. § 42.100(b); Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48,756, 48,766 (Aug. 14, 2012). Under the broadest reasonable construction
`
`standard, claim terms are given their ordinary and customary meaning, as
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`would be understood by one of ordinary skill in the art in the context of the
`
`entire disclosure. In re Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed.
`
`Cir. 2007).
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`1. “transparent substrate”
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`The term “transparent substrate” is recited in claims 1, 9, 11, and 12.
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`Petitioner asserts that “transparent substrate” means “a substrate that has
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`different levels of transparency; including the term ‘substantially transparent
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`substrate.’” Pet. 11 (citing Ex. 1018 ¶ 21). Petitioner asserts that because
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`the materials described in the ’503 patent have a wide range of refractive
`
`indexes and generate substrates with differing levels of transmittance and
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`varying degrees of transparency, the claim term should apply to a substrate
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`with a transmittance of less than 100 percent. Id. at 10–11. The ’503 patent
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`does not define “transparent.” The ’503 patent, however, describes
`
`polyethylene terephthalate as a suitable material for the transparent
`
`substrate. Ex. 1001, 3:11–15. Bolender describes the same material as a
`
`suitable material for a “substantially transparent” substrate. Ex. 1004 ¶ 34.
`
`For purposes of this decision, we construe “transparent substrate” as a
`
`substantially transparent substrate.
`
`2. “plurality of holes” and “through-hole”
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`The term “plurality of holes” is recited in claim 5, and the term
`
`“through-hole” is recited in claim 6. Petitioner asserts that “plurality of
`
`holes” means that “holes are made on the conductive material and once the
`
`hole is made no material exists on the conductive material where the holes
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`are located” and that “through-hole” means that “holes are made on the
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`conductive material such that no conductive material exists in the area where
`
`the hole is made[] (no holes are made on the transparent material).” Pet. 11–
`
`12 (citing Ex. 1018 ¶¶ 22–23). Express construction of these terms is not
`
`material to this decision. Consequently, we do not provide an express
`
`construction of these terms at this time.
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`B. Anticipation of Claims 1–3 by Fujitsu (Ex. 1006)
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`1. Overview of Fujitsu
`
`Fujitsu discloses “a coordinates input device for detecting instructed
`
`coordinates using a change of capacitance . . . [including a device] disposed
`
`on a surface of a screen of a display device . . . suitable for providing an
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`input function to the display device.” Ex. 1006, 2 (translating Ex. 1005,
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`2:1–5). Figure 3 of Fujitsu is reproduced below.
`
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`Figure 3 depicts a cross-sectional view of sensor panel 10. Id. at 5
`
`(translating Ex. 1005, 3:2–20). Sensor panel 10 includes transparent
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`substrate 100, such as a glass substrate. Id. Sensor panel 10 further includes
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`a plurality of X side transparent conductive lines 101a-101m arranged in
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`parallel, and a plurality of Y side transparent conductive lines 102a–102n
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`arranged in parallel to cross X side transparent conductive lines 101a–101m.
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`Id.
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`Figure 5(B) of Fujitsu is reproduced below.
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`Figure 5(B) depicts details of sensor panel 10 shown in cross-section
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`in Figure 3. Ex. 1006, 6. “[A] transparent insulating film 103 including
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`SiO2 or the like is formed between the X electrode 101 and the Y electrode
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`102.” Id.
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`Figure 7(A) of Fujitsu is reproduced below.
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`Figure 7(A) depicts an X and Y electrode structure for preventing
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`crosstalk. Ex. 1006, 7. As illustrated in Figure 7, the electrode area at each
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`intersection of X electrode 101 and Y electrode 102 is reduced to a relatively
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`narrow conduction line, as represented by W2. Id. The width of X electrode
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`101 and the width of Y electrode 102 are configured to be larger, as
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`represented by W1, in areas other than the intersections. Id.
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`2. Anticipation of claims 1–3 by Fujitsu
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`Petitioner argues that claims 1–3 of the ’503 patent are anticipated by
`
`Fujitsu. Pet. 13-18. With respect to independent claim 1, Petitioner asserts
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`that Fujitsu discloses a capacitive-type touch panel (Pet. 13 (citing Ex. 1006,
`
`TECHNICAL FIELD OF THE INVENTION, Fig. 7; Ex. 1018 ¶ 27)), a transparent
`
`substrate having opposite top and bottom surfaces (Pet. 13–14 (citing Ex.
`
`1006; Ex. 1005, 4, upper-left column, line 19 to upper right column, line 13,
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`Fig. 5; Ex. 1018 ¶ 27); an array of first conductors on the top surface (Pet.
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`
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`13–14, citing Ex. 1006; Ex. 1005, 2, upper-left column, lines 1 to 5, Figs. 3,
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`7; Ex. 1018 ¶ 27)), an array of second conductors on the top surface
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`disposed alternatively with the first conductors (Pet. 14–15 (citing Ex. 1006;
`
`Ex. 1005, 4, lower-left column, line 12 to lower-right column, line 9, Fig. 7;
`
`Ex. 1018 ¶ 27)), a plurality of spaced apart conductive first bridging lines
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`interconnecting two adjacent first conductors (Pet. 15–16 (citing Ex. 1006;
`
`Ex. 1005, 4, lower-left column, line 12 to lower-right column, line 9, Figs. 5,
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`7; Ex. 1018 ¶ 27)), a plurality of spaced apart conductive second bridging
`
`lines interconnecting two adjacent second conductors and intersecting
`
`insulatively a first bridging line (Pet. 16–17 (citing Ex. 1006, Abstr.; Ex.
`
`1005, 4, lower-left column, line 12 to lower-right column, line 9, Fig. 7; Ex.
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`1018 ¶ 27)), and a plurality of spaced apart insulators at an intersection of
`
`first and second bridging lines so as to separate the first bridging line from
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`the second bridging line (Pet. 17 (citing Ex. 1006, Fig. 5; Ex. 1018 ¶ 27)).
`
`In particular, Figure 5(B) depicts insulating film 103 separating narrow
`
`conduction line W2 for X electrode 101 (i.e., the recited “first bridging
`
`line”) from narrow conduction line W2 for Y electrode 102 (i.e., the recited
`
`“second bridging line”). Pet. 17 (citing Ex. 1006, Fig. 5; Ex. 1018 ¶ 27).
`
`With respect to claim 2, which recites that “each of said insulators is
`
`sandwiched between the respective one of said first bridging lines and the
`
`respective one of said second bridging lines” (Ex. 1001, 4:24–27), Petitioner
`
`argues that Fujitsu discloses a transparent insulating film 103 at the
`
`intersections of X and Y electrodes 101, 102. Pet. 18 (citing Ex. 1006, 6:31–
`
`7:4, Fig. 5; Ex. 1018 ¶ 28). Figure 5(B) depicts insulating film 103
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`sandwiched between X electrode 101 and Y electrode 102. Id.
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`With respect to claim 3, which recites that “each of said first and
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`second conductors is made from a thin film of a conductive transparent
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`material” (Ex. 1001, 4:28–30), Petitioner argues that Fujitsu discloses that
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`the X and Y electrodes are formed from transparent conductive materials,
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`which are shown in Figure 5(B) to be in the form of a thin film. Pet. 18
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`(citing Ex. 1006, 4:5–7, 4:19-22, Fig. 5(B); Ex. 1018 ¶ 29).
`
`Petitioner’s arguments and explanations as to how the elements of
`
`claims 1–3 are disclosed by Fujitsu are persuasive. In view of the foregoing,
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`Petitioner has established a reasonable likelihood of prevailing on its
`
`assertion that claims 1–3 are anticipated by Fujitsu.
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`C. Anticipation of Claims 1–4 by Bolender (Ex. 1004)
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`1. Overview of Bolender
`
`Bolender discloses “a capacitive sensing device for use in a keypad
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`assembly of an electronic system.” Ex. 1004, Abstr. Figure 3B of Bolender
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`is reproduced below.
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`Figure 3B depicts a diagram of an exemplary sensor pattern of
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`capacitive sensor 300B in which conductive bridges 352, 354 of sensor
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`pattern 304 facilitate electrical coupling of diamonds 306, 308, 310, 312,
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`314, and 316. Id. ¶¶ 35–36. Figure 3B also depicts that diamonds 318, 320,
`
`and 322 of sensor pattern 302 are coupled electrically together by conductive
`
`bridges, as are diamonds 324, 326, and 328. Id. ¶ 32. Bolender further
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`describes that “an insulator 350 can then be disposed in areas where
`
`conductive bridges (e.g., 352 and 354) of sensor pattern 304 will cross the
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`sensor traces of sensor pattern 302.” Id. ¶ 36.
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`2. Anticipation of claims 1–4 by Bolender
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`Petitioner argues that claims 1–4 of the ’503 patent are anticipated by
`
`Bolender. Pet. 19-26. With respect to independent claim 1, Petitioner
`
`asserts that Bolender discloses a capacitive-type touch panel (Pet. 19 (citing
`
`Ex. 1004, Abstr., ¶ 23, Fig. 7b; Ex. 1018 ¶ 60)) and a transparent substrate
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`having opposite top and bottom surfaces (Pet. 19 (citing Ex. 1004 ¶ 23, Fig.
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`6; Ex. 1018 ¶ 60); an array of first conductors on the top surface (Pet. 20
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`(citing Ex. 1004 ¶¶ 30, 32, Fig. 3b; Ex. 1018 ¶ 60)), an array of second
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`conductors on the top surface disposed alternatively with the first conductors
`
`(Pet. 21 (citing Ex. 1004, Fig. 3B; Ex. 1018 ¶ 60)), a plurality of spaced
`
`apart conductive first bridging lines interconnecting two adjacent first
`
`conductors (Pet. 22 (citing Ex. 1004 ¶ 40, Fig. 3b; Ex. 1018 ¶ 60)), a
`
`plurality of spaced apart conductive second bridging lines interconnecting
`
`two adjacent second conductors and intersecting insulatively a first bridging
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`line (Pet. 23 (citing Ex. 1004 ¶¶ 36, 40, Fig. 3b; Ex. 1018 ¶ 60)), and a
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`plurality of spaced apart insulators at an intersection of first and second
`
`bridging lines so as to separate the first bridging line from the second
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`bridging line (Pet. 24 (citing Ex. 1004 ¶ 36; Ex. 1018 ¶ 60)). Bolender
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`Figure 3B depicts, for example, that insulator 350 separates vertical
`
`conductive bridge line 352 running between diamonds 306 and 308 from the
`
`underlying horizontal conductive bridge line running between diamonds 318
`
`and 320. Pet. 23–24 (citing Ex. 1004 ¶ 36, Fig. 3B; Ex. 1018 ¶ 60).
`
`Insulator 350 separates the crossing conductive bridge lines at each
`
`intersection in sensor pattern 304. Id.
`
`With respect to claim 2, which recites that “each of said insulators is
`
`sandwiched between the respective one of said first bridging lines and the
`
`respective one of said second bridging lines” (Ex. 1001, 4:24–27), Petitioner
`
`argues that Bolender discloses disposing insulator 350 at areas where first
`
`bridging lines 352, 354 of sensor pattern 304 cross the sensor traces of
`
`sensor pattern 302. Pet. 25–26 (citing Ex. 1004 ¶ 36, Fig. 3B; Ex. 1018 ¶
`
`61). Insulator 350 is sandwiched between conductive bridge lines at each
`
`intersection in sensor pattern 304. Id.
`
`With respect to claims 3 and 4, which recite that “each of said first
`
`and second conductors is made from a thin film of a conductive transparent
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`material” (Ex. 1001, 4:28–30) and that the “conductive transparent material
`
`is selected from the group consisting of indium-tin-oxide, indium-zinc-
`
`oxide, zinc oxide, aluminum zinc oxide, and combinations thereof” (Ex.
`
`1001, 4:31–34), respectively, Petitioner argues that Bolender discloses that
`
`substantially transparent conductive material 502 can be implemented in a
`
`number of ways, such as, but not limited to, indium-tin-oxide (ITO). Pet.
`
`26–27 (citing Ex. 1004 ¶ 48; Ex. 1018 ¶ 65). Bolender discloses forming the
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`conductors depicted in Figures 3B and 5 as an “ink,” which is a form of thin
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`film. Ex. 1004 ¶¶ 34, 48.
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`Petitioner’s arguments and explanations as to how the elements of
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`claims 1–4 are disclosed by Bolender are persuasive. In view of the
`
`foregoing, Petitioner has established a reasonable likelihood of prevailing on
`
`its assertion that claims 1–4 are anticipated by Bolender.
`
`D. Obviousness of Claims 1–3 and 11 over Fujitsu and Binstead (Ex.
`1003)
`
`1. Overview of Binstead
`
`Binstead describes a touchpad with a first series of spaced apart
`
`conductors 12 on a first face of membrane 10 and a second series of spaced
`
`apart conductors 14 on membrane 10. Ex. 1003, Abstr. The conductors are
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`“sensitive to the proximity of a finger to modify the capacitance of the
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`proximate conductor to detect the presence of the finger positioned close to
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`that conductor.” Id. Figure 1 of Binstead is reproduced below.
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`Figure 1 depicts a touchpad in plan view. Id. at 3:21–22. The
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`touchpad includes dielectric film 10 on which is deposited a first series of
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`parallel conductor elements 12 and a second series of parallel conductor
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`elements 14. Id. at 3:43-53. The second series of conductor elements 14 are
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`orthogonal to, but not in electrical contact with the first series. Id. at 3:53–
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`55. Figure 2c of Binstead is reproduced below.
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`Figure 2c depicts an exemplary cross-section through the touchpad of
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`Figure 1. Id. at 3:23–24. As illustrated in Figure 2c, “small regions of
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`insulating material 13´ are deposited over the first series of conducting
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`element 12 at the proposed intersection points. The second series of
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`conductor elements 14 may then be deposited.” Id. at 4:16–19. Figure 3a of
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`Binstead is reproduced below.
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`Figure 3a depicts an embodiment of intersection points of two
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`conducting elements. Id. at 3:25–26. The pattern illustrated in Figure 3a
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`may be employed where “a lower conductivity material [is] used (e.g.,
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`indium oxide)” or where “the dimensions of the touchpad become
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`sufficiently large such that there is substantial resistance along a conductor
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`element.” Id. at 4:57–62. As illustrated in Figure 3a, “the conductor
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`elements have a more substantial width 22, [whereas] at the intersections
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`20[,] the width 24 is greatly reduced.” Id. at 4:63–65.
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`2. Obviousness of claims 1–3 and 11 over Binstead and Fujitsu
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`Petitioner argues that claims 1–3 and 11 are obvious over Binstead
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`and Fujitsu. With respect to independent claim 1, Petitioner argues that
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`Binstead discloses a capacitive-type touch panel (Pet. 27 (citing Ex. 1003,
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`Abstr.; Ex. 1018 ¶¶ 78–79) with an array of first conductors on the top
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`surface (Pet. 28 (citing Ex. 100, 3:51–55, 4:4–18, 4:28-35, 4:63–65, Fig. 1;
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`Ex. 1018 ¶ 78)), an array of second conductors on the top surface disposed
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`alternatively with the first conductors (Pet. 29 (citing Ex. 1003, Abstr., 3:21–
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`56, 3:43–59, 4:5–7, 4:28–35, 4:63–65, Figs. 1, 3a; Ex. 1018 ¶ 78)), a
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`plurality of spaced apart conductive first bridging lines interconnecting two
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`adjacent first conductors (Pet. 30 (citing Ex. 1003, 3:55–56, 4:4–21, 63–65,
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`Figs. 2c, 3a; Ex. 1018 ¶¶ 60, 78)), a plurality of spaced apart conductive
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`second bridging lines interconnecting two adjacent second conductors and
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`intersecting insulatively a first bridging line (Pet. 30–31 (citing Ex. 1003,
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`4:63–65, Fig. 3a; Ex. 1018 ¶ 78)), and a plurality of spaced apart insulators
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`at an intersection of first and second bridging lines so as to separate the first
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`bridging line from the second bridging line (Pet. 31–32 (citing Ex. 1003,
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`4:4–21, 7:54–56, Figs. 2b, 2c, 3a; Ex. 1018 ¶ 78)).
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`As to the substrate on which the arrays of conductors are formed
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`being transparent, Petitioner argues that Fujitsu discloses a pattern of
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`electrodes formed on a transparent substrate and asserts that it would have
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`been obvious to one of ordinary skill in the art1 to combine the teachings of
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`Binstead and Fujitsu “because a transparent touch panel would require a
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`transparent substrate and touch circuit to detect a touch location as disclosed
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`by Binstead and Fujitsu.” Pet. 28, 32 (citing Ex. 1006, Abstr., Fig. 7; Ex.
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`1018 ¶¶ 78-79).
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`With respect to claim 2, which recites that “each of said insulators is
`
`sandwiched between the respective one of said first bridging lines and the
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`respective one of said second bridging lines” (Ex. 1001, 4:24–27), Petitioner
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`argues that Binstead discloses insulating material 13´ disposed over
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`narrower width 24 parts of the first series of conductor elements 12 at
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`intersections 20. Pet. 32 (citing Ex. 1003, 4:4–21, 7:54–56, Fig. 2c; Ex.
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`1018 ¶ 80). Petitioner further argues that it would have been obvious to a
`
`person of ordinary skill in the art to combine Binstead’s insulator material
`
`teaching with Fujitsu’s transparent substrate teaching “because a person
`
`having ordinary skill in the art would need to have a structure where two
`
`current carrying bridging lines are electrically insulated from each other.”
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`Pet. 33 (citing Ex. 1018 ¶ 81).
`
`With respect to claim 3, which recites that “each of said first and
`
`second conductors is made from a thin film of a conductive transparent
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`material” (Ex. 1001, 4:28-30, Petitioner argues that Binstead discloses that
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`the first and second series of conductors 12, 14 may comprise indium oxide
`
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`1 Petitioner identifies “a person of ordinary skill in the art relevant to the
`technology of the ’503 patent . . . [as having] a bachelor’s degree in
`electrical engineering, or an equivalent field, and two to three years of
`experience working in the relevant field, which includes display and/or
`related user interface device technologies.” Ex. 1018 ¶ 13.
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`which is a transparent conductive material. Pet. 33 (citing Ex. 1003, 2:28–
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`43, 3:56–61, 7:58–60; Ex. 1018 ¶ 82). Petitioner further argues that it would
`
`have been obvious to a person of ordinary skill in the art to combine to
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`Binstead’s touch panel with Fujitsu’s transparent substrate “to make a touch
`
`panel with transparent conductors because a person having ordinary skill in
`
`the art would need to have conductors that are transparent in order to view
`
`the image behind the touch panel.” Pet. 33 (citing Ex. 1018 ¶ 83).
`
`With respect to claim 11 (Ex. 1001, 4:62–5:9), Petitioner argues that
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`Binstead discloses conducting elements 32, 34 deposited on the surface of
`
`dielectric film 10, the first and second series of conductor elements 12, 14
`
`including narrower width 24 parts, which connect adjacent ones of wider
`
`width 22 parts, which constitute bridging lines at intersections 20, the second
`
`conductors arranged into parallel rows, each conducting element 34 connects
`
`each of the second series of conductor elements 14, and each conducting
`
`element 32 connects each of the first series of conductor elements 12. Pet.
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`34–35 (citing Ex. 1003, 4:22–25, 63–65, 5:32–39, Figs. 1, 3a, 4, 9; Ex. 1018
`
`¶ 84). Petitioner further argues that it would have been obvious to combine
`
`the teachings of Binstead and Fujitsu “because a person having ordinary skill
`
`in the art would need to connect signals from conductors to a controller by
`
`using connecting lines that can carry signals.” Pet. 35 (citing Ex. 1018
`
`¶ 85).
`
`Petitioner’s arguments and explanations as to how the subject matter
`
`of claims 1–3 and 11 is rendered obvious by Binstead and Fujitsu are
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`persuasive. In view of the foregoing, Petitioner has established a reasonable
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`likelihood of prevailing on its assertion that claims 1–3 and 11 are obvious
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`over Binstead and Fujitsu.
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`E. Obviousness of Claim 4 over Fujitsu and Takeda (Ex. 1011)
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`1. Overview of Takeda
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`Takeda describes a touch panel sensor comprising a transparent
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`flexible substrate and a transparent conductive film. Ex. 1011, Abstr.
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`Suitable materials for the transparent conductive film include transparent
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`conductive oxides, such as indium tin oxide, indium oxide, silicon indium
`
`oxide, aluminum zinc oxide, indium zinc oxide, antimony tin oxide, and tin
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`oxide. Id. at 6:23-26.
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`2. Obviousness of claim 4 over Fujitsu and Takeda
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`Claim 4 recites that the “conductive transparent material is selected
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`from the group consisting of indium-tin-oxide, indium-zinc-oxide, zinc
`
`oxide, aluminum zinc oxide, and combinations thereof.” Ex. 1001, 4:31–34.
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`Petitioner argues that Fujitsu discloses all of the limitations of claim 1 as
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`described above and Takeda discloses transparent conductive material such
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`as indium tin oxide, indium zinc oxide, and aluminum zinc oxide. Pet. 37
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`(citing Ex. 1011, 6:23–26). Petitioner argues that it would have been
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`obvious to one of ordinary skill in the art “to combine [Fujitsu] with Takeda
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`to make a touch panel sensor with transparent conductive film that uses [the
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`recited] material . . . because a conductive film built using these material[s]
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`will have the properties of being transparent and conductive.” Pet. 37 (citing
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`Ex. 1018 ¶ 49).
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`Petitioner’s argument and explanation as to how the subject matter of
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`claim 4 is rendered obvious by Fujitsu and Takeda are persuasive. In view
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`of the foregoing, Petitioner has established a reasonable likelihood of
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`prevailing on its assertion that dependent claim 4 is obvious over Fujitsu and
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`Takeda.
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`F. Obviousness of Claims 5–8 over Fujitsu and Bolender
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`With respect to claim 5, which recites that the “thin film of each of
`
`said first and second conductors is formed with a plurality of holes” (Ex.
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`1001, 4:35–37) and with respect to claim 6, which recites that “each of said
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`holes is a through-hole” (Ex. 1001, 4:38-39), Petitioner argues that Bolender
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`discloses that the conductive material of capacitive sensor 700A is similar to
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`a lattice design that includes openings (e.g., 702). Pet. 38–39 (citing Ex.
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`1004 ¶ 52, Fig. 7B; Ex. 1018 ¶¶ 50–52). Petitioner’s declarant opines that it
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`would have been obvious to a person of ordinary skill in the art to combine
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`Fujitsu’s touch panel with Bolender’s lattice design “because adding through
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`holes to conductors would increase the light transmission and reduce the
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`product cost.” Pet. 39; Ex. 1018 ¶¶ 52–53.
`
`With respect to claim 7, which recites that the “holes in said thin film
`
`of each of said first and second conductors occupy a total hole area within an
`
`area enclosed by a periphery of said thin film . . . , said thin film of each of
`
`said first and second conductors having a solid area not equal to said total
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`hole area of said holes therein” (Ex. 1001, 4:40–46), Petitioner argues that
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`Bolender’s Figure 7B discloses that all diamonds, including diamonds 306b
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`and 318b, have openings 702 where no conductive material is used and,
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`therefore, have solid area not equal to total hole area. Pet. 39–40.
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`Petitioner’s declarant opines that “it would have been obvious to a person
`
`having ordinary skill in the art to combine Fujitsu’s touch panel with
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`Bolender’s lattice design to obtain a touch panel having conductors with a
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`plurality of holes, in which solid area and total hole area would be a design
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`choice and in general be unequal.” Ex. 1018 ¶ 54. Petitioner’s declarant
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`further opines that a greater amount of light is able to pass through openings
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`702 to illuminate more fully one or more keys. Id.
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`With respect to claim 8, which recites that the “solid area of said thin
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`film of each of said first conductors differs from that of said thin film of
`
`each of said second conductors” (Ex. 1001, 4:47–50), Petitioner argues that
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`“the first portion of substantially opaque conductive material of the second
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`pattern of conductive sensors overlies at least a portion of the second pattern
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`of conductive sensors.” Pet. 40–41. Petitioner’s declarant opines that one of
`
`ordinary skill in the art would combine Fujitsu’s touch panel with
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`Bolender’s sensors to arrive at the claimed invention “because adding
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`through holes to conductors in different patterns would help adjust
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`capacitive sensitiv
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