Ex Parte Ohki et al - Page 6

                Appeal 2007-2045                                                                              
                Application 10/204,670                                                                        

                         nanotubes which show the highest resistivity against the reaction.”                  
                         (Col. 2, ll. 37-44).                                                                 
                      11) Hiura further teaches that the disclosed process makes it                           
                         “possible to react only with the tips of carbon nanotubes and uncap                  
                         it from there.”  (Col. 5, ll. 7-8).                                                  
                      12) The Specification discloses that in one embodiment, “the                            
                         cathode electrode wires 2, the gate electrode wires 11, the anode                    
                         electrode 27, and a power supply which applies a voltage to these                    
                         elements make up electric field applying means that applies an                       
                         electric field to the carbon nanotubes 8.”  (Specification 116:3-8).                 
                                    ANALYSIS AND CONCLUSIONS                                                  
                      The Examiner found that Shih discloses a film of carbon nanotubes                       
                made by CVD in the pores of an anodic alumina membrane without a metal                        
                catalyst.  (Answer 3).  The Examiner notes that Shih’s alumina membrane                       
                has the same pore size and density as the membrane used by Appellants.                        
                (Answer 3).  The Examiner further points out that Shih uses a plasma                          
                assisted CVD process with process parameters and hydrocarbon feed                             
                materials in line with those of Appellants’ CVD process.  (Answer 3).  The                    
                Examiner concluded that “[a]lthough Shih does not test the tubes for                          
                crystallite size & thickness and total resistivity, Shih does make it clear that              
                a goal of the reference is to create nanotubes with improved current densities                
                (Column 1), and it is expected that the carbon nanotube product properties                    
                would be patentably indistinct from those of the current disclosure.”                         
                (Answer 3).                                                                                   



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