Ex parte HORN et al. - Page 6




          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 -                                         





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