Ex Parte TONUCCI et al - Page 5



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

          which a nanochannel glass matrix and a channel glass therein are            
          etched away, leaving a cast of semiconductors or metals on a                
          substrate.  See Tonucci, column 8, line 67 to column 9, line 9,             
          together with Figure 11.  From this disclosure, one of ordinary             
          skill in the art would have been led to make semiconductors or              
          metals having the claimed characteristics (cast) on a substrate             
          as required by the claims on appeal.                                        
               In view of the foregoing, we affirm the examiner’s decision            
          rejecting the claims on appeal under 35 U.S.C. § 102(b) or                  
          35 U.S.C. § 103.                                                            
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        

          CHUNG K. PAK                 )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    THOMAS A. WALTZ              )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    BEVERLY A. PAWLIKOWSKI       )                                    
                    Administrative Patent Judge  )                                    

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