Ex Parte TONUCCI et al - Page 3



          Appeal No. 2002-0204                                                        
          Application No. 09/154,243                                                  

          reference:                                                                  
          Tonucci et al. (Tonucci)      5,264,722           Nov. 23, 1993             
                                     REJECTION                                        
               Claims 22 and 27 and 30 stand rejected under 35 U.S.C.                 
          § 102(b) as anticipated by, or in the alternative under 35 U.S.C.           
          § 103 as unpatentable over, the disclosures of Tonucci.                     
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          prior art, including all of the evidence and arguments advanced             
          by both the examiner and the appellants in support of their                 
          respective positions.  This review has led us to conclude that              
          the examiner’s Sections 102 and 103 rejections are well founded.            
          Accordingly, we will sustain them for essentially the reasons set           
          forth in the Answer.  We add the following primarily for emphasis           
          and completeness.                                                           
               Tonucci teaches a nanochannel glass matrix which is used as            
          a host or cast for the deposition of a variety of materials.  See           
          column 4, lines 50-52.  This nanochannel glass matrix provides “a           
          patterned arrangement of channels or holes whose dimensions can             
          be controlled to as small as a few nanometers.”  See column 4,              
          lines 52-54.  This nanochannel glass matrix has a large number of           
          channels or pores scalable to greater than or equal to 108 in a             
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