Ex Parte Lu et al - Page 11

                Appeal 2007-1893                                                                               
                Application 10/946,753                                                                         
                                                                                                              

                                                  Claim 10                                                     
                      We will also sustain the Examiner’s rejection of claim 10.  As we                        
                indicated previously, the aperture structure, including the sidewalls, forms                   
                part of the growth path that influences, at least in part, the orientation of the              
                nanotubes.  We add that, contrary to Appellants’ argument (Reply Br. 9),                       
                defining the location of the exposed catalyst likewise influences, at least in                 
                part, the relative position of the resulting nanostructures and therefore their                
                orientation.  The claim is fully met by Shin and the Examiner’s rejection is                   
                therefore sustained.                                                                           

                                                  Claim 11                                                     
                      Claim 11 is also fully met by Shin.  Nothing in the claim precludes the                  
                “multiple group paths” to be defined by different apertures respectively.                      
                That is, a first group path would be defined in an aperture in a first substrate               
                region, and a second group path would be defined in another aperture in a                      
                second substrate region.  Moreover, the claim does not preclude the multiple                   
                diverse arrays of nanostructures which extend in multiple directions as                        
                shown in Figures 7A-9.  Even if each aperture contained nanostructures                         
                extending only in two directions (e.g., Fig. 7A, 7B, etc.), the respective                     
                group paths would extend in different directions as claimed.  The claim is                     
                fully met and the rejection therefore sustained.                                               

                                      Claims 12-14, 25-29, 39, and 40                                          
                      We will also sustain the Examiner’s rejection of claims 12-14, 25-29,                    
                39, and 40.  Our previous discussion regarding the topological structure in                    

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