Appeal No. 2002-0204
Application No. 09/154,243
variety of configurations, with their size being a micron to less
than 100 D and packing densities as great as 1012 elements/cm2.
See column 2, lines 25-38. It allows one of ordinary skill in
the art to make nanometer scale deposition of materials using
molecular beam epitaxy type deposition techniques and a variety
of high temperature chemical vapor deposition techniques. See
column 2, lines 38-45. In one example, Tonucci teaches
depositing or filling a semiconductor material in the channel of
the nanochannel glass matrix, which is in fluid communication
with a substrate. See, e.g., Figures 11 thorough 15 in
conjunction with column 8, lines 6-20. Thus, Tonucci in this
embodiment forms a device comprising a substrate, the claimed
feature and a nanochannel glass matrix. See, e.g., Figure 11.
We note that the appellants argue that Tonnucci uses a
nanochannel glass matrix as part of its device. See, e.g., the
Brief, page 4. However, by virtue of using “comprising” in the
claims on appeal, the appellants do not preclude the presence of
a nanochannel glass matrix. See In re Baxter, 656 F.2d 679,
686-87, 210 USPQ 795, 802-03 (CCPA 1981) (the transition term
“comprising” permits the inclusion of steps, elements, or
materials not recited in a claim). In any event, in another
example, Tonucci teaches an inversion fabrication process in
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