Ex Parte Lu et al - Page 8

                Appeal 2007-1893                                                                               
                Application 10/946,753                                                                         
                                                                                                              
                      “Orientation” is defined, in pertinent part, as “a relative position.”10                 
                As shown in Figs. 5A-7D, not only does the structure of the aperture itself                    
                influence, at least in part, the relative positions of the nanostructures, the                 
                disposition of the catalyst with respect to the aperture also has such an                      
                influence.  Furthermore, the vertical growth preventing layer in conjunction                   
                with the aperture and catalyst likewise influences growth in the horizontal                    
                direction – a direction that fully meets a “relative position” or orientation.  In             
                sum, the aperture 16 and its associated structure is a substantial factor in                   
                influencing the relative positions, or orientations, of the nanostructures.  The               
                aperture therefore controls, at least in part, the orientation of the                          
                nanostructures as claimed.  For this reason alone, claim 1 is fully met by                     
                Shin.                                                                                          
                      Shin also fully meets claim 1 for an additional reason:  the aperture                    
                not only controls the orientation of the nanostructures, but also their                        
                length—at least in part.  As the Examiner indicates, the nanostructures’                       
                length is dictated primarily by the size of the aperture.11  In this regard,                   
                Figures 6A-7D clearly show that the nanostructures span the entire extent of                   
                the aperture (i.e., the diameter of a circular aperture as shown in Figs. 6A-7C                
                or the width of a polygonal aperture in Fig. 7D).                                              
                      Even if we assume, without deciding, that one nanotube could                             
                somehow grow faster than the other as Appellants argue (and therefore meet                     
                at a point not precisely at the center of the aperture), the limitation regarding              
                                                                                                              
                10 The Compact Oxford English Dictionary of Current English, available at                      
                http://www.askoxford.com/concise_oed/orientation?view=uk (last visited                         
                Aug. 23, 2007).                                                                                
                11 See Answer, at 14 (“[T]he nanotubes can only be as long as the opening                      
                will allow.”).                                                                                 
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