Ex Parte Lu et al - Page 12

                Appeal 2007-1893                                                                               
                Application 10/946,753                                                                         
                                                                                                              
                Shin reasonably disclosing controlling both length and orientation applies                     
                equally here and we incorporate that discussion by reference.12  Claims 12                     
                and 39 are fully met for those reasons alone.                                                  
                      Regarding claim 14, we add that the multiple growth paths illustrated                    
                in Figures 7A-9 in Shin are certainly oriented relative to each other (e.g.,                   
                parallel, perpendicular, etc.).  For the foregoing reasons, claim 14 is fully                  
                met.                                                                                           
                      Regarding claims 25-29 and 40, we reiterate that at least the exposed                    
                catalyst surface from which the nanotubes originate in Shin physically                         
                contacts the aperture sidewalls – an aperture structure which likewise                         
                influences, at least in part, the orientation of the nanotubes as indicated                    
                previously.                                                                                    
                      Furthermore, the nanostructures’ length is dictated primarily by the                     
                size of the aperture as shown in Figures 6A-7D (illustrating that the                          
                nanostructures span the entire extent of the aperture (i.e., the diameter of a                 
                circular aperture as shown in Figs. 6A-7C or the width of a polygonal                          
                aperture in Fig. 7D)).  Claims 25-29 and 40 are likewise fully met by Shin.                    

                                              Claims 30 and 31                                                 
                      We will not sustain the Examiner’s rejection of claim 30.  The                           
                Examiner refers to Paragraphs 0055-56 of Shin (Answer 18-19).  These                           
                passages, however, merely refer to exposing the catalyst pattern to source                     
                gas (¶ 0055) or various deposition methods to synthesize the carbon                            
                nanotubes (¶ 0056).  While these techniques may spawn the growth of the                        

                                                                                                              
                12 See p. 7-9, supra, of this opinion.                                                         

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