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." - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007