Ex parte GALLAGHER et al. - Page 7




                 Appeal No. 96-3684                                                                                                               
                 Application 08/318,034                                                                                                           

                         methylmethacrylate (MMA) containing 1 wt. % VAZO-64® (Du Pont) to “wick” the                                             
                         monomer up to completely fill the pores of the glass.  The impregnated glass is removed                                  
                         form the MMA/VAZO and heated in an inert atmosphere to about 60E C. for about 8                                          
                         hours, leading to polymerization of the MMA to give PMMA throughout the glass pores.                                     



                 The teachings of Herron would have reasonably suggested to a person having ordinary skill in the art that                        

                 quantum sized semiconductor particles are encapsulated with a “surfactant,” namely, glass and/or PMMA.                           

                 However, Herron does not disclose or suggest an encapsulated doped semiconductor particle.                                       

                         The examiner relies on Enoki as teaching doping ZnS with Mn and concludes that one of ordinary                           

                 skill in the art would have been motivated to substitute Enoki’s doped ZnS in Herron’s ZnS particle in order                     

                 to increase threshold voltage of the ZnS particle.  Enoki discloses preparing a photoconductive powder                           

                 by firing a mixture of CdSe, ZnS and ZnO, a Cu or Ag salt, a Cd or Zn chloride or bromide, and a Mn salt                         

                 to form fine particles (abstract; col. 2, line 27 to col. 3, line 19).  According to Enoki, “it is believed that                 

                 ZnS and Mn salts diffused to the surface layer of CdSe particles act to raise the threshold voltage Vt, ZnO                      

                 acts to decrease contact resitance [sic, resistance] among the photoconductive particles, and ZnS and ZnO                        

                 act to suppress growth of photoconductive particles during the firing step and give fine particles” (col. 4,                     

                 lines 59-65).  The size of the fine particles is sufficient to pass thought 400 mesh which is about 37 Fm                        

                 (about 37,000 D).                                                                                                                

                         We cannot agree with the examiner’s conclusion of obviousness.  Enoki does not disclose                                  

                 or suggest quantum sized semiconductor particles nor does Herron teach or suggest that mixtures of                               


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