Ex parte HORN et al. - Page 7




          Appeal No. 95-3674                                                          
          Application 08/122,981                                                      

          assumed to be nanostructured, are compacted and sintered to                 
          produce a nanoporous body.  Appellants do not define                        
          "nanoporous" in their arguments.  While there are definitions               
          of "nanoporous" in the literature,  it is not known whether the3                                         
          term has a generally accepted definition in the prior art.  It              
          is not known whether "nanostructured" materials are inherently              
          "nanoporous"; however, it appears from the definition in the                
          Dagani article that a "nanostructured" material merely has to               
          contain small grains and does not necessarily have to be                    
          compacted and sintered.  We define "nanoporous," consistent                 
          with the specification, to mean a product produced by the                   
          process in figure 1, which requires steps of compacting and                 
          sintering a nanostructured powder.                                          
               The examiner relies on the fifth preferred embodiment of               
          Yokotani.  As shown in figure 6, "a glass balloon material                  
          having an average particle size of 8µm and a film thickness of              
          0.5 µm is used as support particles" (col. 7, approx.                       
          lines 43-45).  Yokotani discloses that the p-type or n-type                 
          semiconductor materials are "milled into a powder having an                 
          average particle size of 0.08 µm" (col. 7, approx.                          

            For example, U.S. Patent 5,594,263 states (col. 1,3                                                                      
          lines 64-67):  "By nanoporous is meant a material which has a               
          crystallographically regular intracrystalline pore system whose             
          pores have an average diameter of 2.5 to about 30 Å."                       
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