Ex Parte Surh et al - Page 2

                 Appeal 2007-0169                                                                                        
                 Application 10/262,015                                                                                  
                 I.   APPEALED SUBJECT MATTER                                                                            
                        The subject matter on appeal is directed to “electrophoretic devices,…                           
                 more particularly to electrophoretic devices with nanometer-scale metallic                              
                 elements…. (Specification 1, paragraph 0002).”  This appealed subject                                   
                 matter is related to the subject matter described in Appeal No. 2007-0170,                              
                 Application 10/262,510.                                                                                 
                        Further details of the appealed subject matter are recited in illustrative                       
                 claim 1, which is reproduced below:                                                                     
                        1.  In an electrophoretic device, the improvement comprising:                                    
                        a nanolaminated structure comprising a plurality of alternating layers                           
                 of electrically conductive and electrically insulative material, wherein a                              
                 cross-section is exposed of said electrically conductive and electrically                               
                 insulative material, wherein no portion of any layer of said electrically                               
                 insulative material contacts any other layer of said electrically insulative                            
                 material;                                                                                               
                        a three walled non-electrically conductive  structure operatively                                
                 connected to said nanolaminated structure, wherein said nanolaminated                                   
                 structure together with said three walled non-electrically conductive                                   
                 structure forms an enclosed fluid flow channel; and                                                     
                        means for producing an electric field across the electrically                                    
                 conductive layers of said nanolaminated structure.                                                      
                                                                                                                        
                 II.  PRIOR ART                                                                                          
                        The Examiner has relied upon the following sole reference as                                     
                 evidence of unpatentability:                                                                            
                 Pisharody   US 2004/0146863 A1  Jul. 29, 2004                                                           




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