Ex Parte Irvin et al - Page 2

               Appeal 2006-2729                                                                            
               Application 10/193,363                                                                      

                      Claims 1, 10, 15, 18, and 19 illustrate Appellants’ invention of a                   
               process for the preparation of nanoscale particulate material and certain                   
               products of that process, and are representative of the claims on appeal:                   
                      1.  A process for the preparation of nanoscale particulate material                  
               comprising                                                                                  
                      (i)  combining one or more functional material to be precipitated as                 
               nanoscale particles and one or more surface active material in a compressed                 
               CO2 phase with a density of at least 0.1g/cc, where the functional material is              
               substantially insoluble in the compressed CO2 in the absence of the                         
               surfactant, the surfactant comprises a compressed CO2-philic portion and a                  
               functional material-philic portion, and the compressed CO2 phase, functional                
               material and surfactant interact to form an aggregated system having a                      
               continuous compressed CO2 phase and a plurality of aggregates comprising                    
               surfactant and functional material molecules of average diameter less than                  
               10 nanometers dispersed therein; and,                                                       
                      (ii) rapidly depressurizing the compressed CO2 phase thereby                         
               precipitating the dispersed  functional and surfactant materials in the form of             
               composite particles of average diameter from 0.5 to less than 10 nanometers.                
                      10.  A process according to claim 1, wherein the functional material is              
               selected from the group consisting of organic, inorganic , metallo-organic,                 
               polymeric, oligomeric, metallic, alloy, ceramic, a synthetic and/or natural                 
               polymer, and a composite or mixture thereof.                                                
                      15.  A process according to claim 1, wherein the precipitated                        
               nanoscale material exhibits fluid-like properties and has a viscosity in the                
               range 0.1 centipoise to 1010 centipoise.                                                    
                      18.  A nanofluid obtained by the process of claim 15.                                
                      19.  A nanofluid according to claim 18, wherein the functional and                   
               surfactant materials have been precipitated in the form of composite particles              
               of average diameter from 0.5 to 5 nanometers.                                               
                      The Examiner relies on the evidence in these references:                             
               Hendrickson   US 5,030,669    Jul. 9, 1991                                                  



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