Ex Parte CRENSHAW et al - Page 8




          Appeal No. 2001-1384                                                        
          Application No. 08/726,229                                                  



               A precipitate is “a substance separated from a solution or             
          suspension by chemical or physical change.”2  The step of                   
          “precipitation” in the context of the instant invention would be            
          the separation of the particles in the microemulsion mixture.               
          The question to be answered, then, is whether Ahn or Cathey                 
          teaches or suggests that the particles are separated from the               
          colloidal solutions.  While it is not very clear as to whether,             
          in fact, Ahn or Cathey actually discloses a “precipitating” step,           
          it would appear that particles in each of these references are              
          separated from the colloidal solution since the end result is a             
          coating of solid particles forming the micro-villus patterns.               
               Importantly, however, is that even if the primary references           
          do, in fact, suggest a precipitating step, the instant claims do            
          not merely call for precipitating a plurality of particles in a             
          microemulsion mixture.  Rather, this step of the recited method             
          claims, is the first step in a sequence of claimed steps.                   
          Accordingly, there must first be a precipitating of the particles           
          in a microemulsion mixture.  Then, the lower electrode is formed            
          and the particles are deposited on the lower electrode.  Contrary           


               2Webster’s Ninth New Collegiate Dictionary; 1985.                      
                                         -8–                                          





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