Appeal No. 95-3674 Application 08/122,981 Appellants argue that "Yokotani el al. does not disclose a nanoporous semiconductor material, so that everywhere in Applicant's claims where there is claimed a nanoporous semiconductor material, Applicant has clearly defined over the prior art of record" (Brief, page 5). Thus, the question is whether Yokotani discloses a nanoporous semiconductor material. The specification states (page 5): "Nanostructured materials include building blocks on the order of nanometers (10 meters) or tens of nanometers." This definition of-9 "nanostructured" material is confirmed by the article, incorporatd by reference in the specification, by Ron Dagani, Nanostructured Materials Promise To Advance Range of Technologies, Chemical and Engineering News, 23 November 1992, pages 18-24, at page 18: Nanostructured (or nanophase) materials are called that because the size of their building blocks is on the order of nanometers (10 meter) or tens of nanometers.-9 Generally speaking, any material that contains grains or particles 1 to 100 nm across, or layers or filaments of that thickness, can be considered a nanostructured material. However, the claims recite a "nanoporous" material, not a "nanostructured" material. We do not find the term "nanoporous" defined in the specification except indirectly by the process of fabrication in figure 1 wherein fine particles, - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007