Appeal 2007-0169 Application 10/262,015 I. APPEALED SUBJECT MATTER The subject matter on appeal is directed to “electrophoretic devices,… more particularly to electrophoretic devices with nanometer-scale metallic elements…. (Specification 1, paragraph 0002).” This appealed subject matter is related to the subject matter described in Appeal No. 2007-0170, Application 10/262,510. Further details of the appealed subject matter are recited in illustrative claim 1, which is reproduced below: 1. In an electrophoretic device, the improvement comprising: a nanolaminated structure comprising a plurality of alternating layers of electrically conductive and electrically insulative material, wherein a cross-section is exposed of said electrically conductive and electrically insulative material, wherein no portion of any layer of said electrically insulative material contacts any other layer of said electrically insulative material; a three walled non-electrically conductive structure operatively connected to said nanolaminated structure, wherein said nanolaminated structure together with said three walled non-electrically conductive structure forms an enclosed fluid flow channel; and means for producing an electric field across the electrically conductive layers of said nanolaminated structure. II. PRIOR ART The Examiner has relied upon the following sole reference as evidence of unpatentability: Pisharody US 2004/0146863 A1 Jul. 29, 2004 2Page: Previous 1 2 3 4 5 6 7 8 Next
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