Ex Parte Bertram et al - Page 5



          Appeal No. 2005-0912                                                              
          Application No. 10/233,459                                                        

          molecule with functional unit on the quantum dot surface which                    
          causes excited state injection into the quantum dot” (appealed                    
          claim 1).  (Appeal brief at 3-4.)  According to the appellants,                   
          Mattoussi does not anticipate the invention recited in appealed                   
          claim 1 because the reference does not teach an                                   
          electroluminescent device satisfying this claim limitation.                       
          (Id.)  We disagree.                                                               
                As the examiner correctly points out (answer at 9-10), the                  
          present specification enlightens one skilled in the relevant art                  
          that “an excited state” may be a hole, an electron, or an                         
          exciton.  (Dependent claim 2; page 2, lines 20-22; page 4, lines                  
          13-16.)  In addition, substantial evidence supports the                           
          examiner’s finding that Mattoussi describes quantum dots that                     
          are either identical or substantially identical in terms of                       
          composition and structure to those described in the present                       
          specification (page 4, line 16 to page 5, line 34.)  For                          
          example, the examiner specifically refers to Mattoussi’s                          
          experimental section at 4391, which describes trioctylphosphine                   
                                                                                           
          Group III-V semiconductor compounds such as GaAs, GaP, InN,                       
          InAs, InP and InSb; and/or crystals of group IV                                   
          semiconductor compounds such as Si and Ge.  In addition,                          
          the semiconductor compounds may be doped with rare earth                          
          metal cations or transition metal cations such as Eu3+, Tb3+,                     
          Ag+ or Cu+.                                                                       
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