Ex parte HORN et al. - Page 10




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

          or n-type doping in the process of making the nanoporous                    
          material as shown in the optional step 11 in figure 1.                      
          Yokotani starts with a p-type or n-type semiconductor which is              
          milled to form the small particles.  Thus, even if Yokotani                 
          disclosed p-type and n-type nanoporous materials, it does not               
          produce them by the fabricating p-type and n-type semiconductor             
          elements from a nanoporous material.                                        
               For the reasons stated above, the rejection of claims 7-9              
          and 12 over Yokotani is reversed.  Because claims 10, 11,                   
          and 13 incorporate all of the limitations of claim 7, and                   
          because Hanson does not cure the deficiency of the nanoporous               
          material in Yokotani, the rejection of claims 10, 11, and 13 is             
          reversed.                                                                   
















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