Appeal 2007-1893
Application 10/946,753
Claims 33-35 and 41
We will sustain the Examiner’s rejection of claims 33-35 and 41. Our
previous discussion regarding the topological structure in Shin reasonably
disclosing controlling both length and orientation applies equally here and
we incorporate that discussion by reference.16 We add that forming the
aperture in Shin certainly adapts the terrain of the substrate’s surface as
claimed. Regarding claim 34, since the topological structure itself controls,
at least in part, length and orientation of the nanostructures during growth, it
therefore mechanically controls such growth.
Regarding claim 35, our previous discussion regarding the
nanostructures’ physical contact with the topological structure in Shin
applies equally here and we incorporate that discussion by reference.17
For the foregoing reasons, claims 33-35 and 41 are fully met by Shin
and the Examiner’s rejection is therefore sustained.
Claims 36, 37, 42, and 43
We will also sustain the Examiner’s rejection of claims 36, 37, 42,
and 43. At the outset, our previous discussion pertaining to physical contact
with the topological structure in Shin reasonably controlling both length and
orientation applies equally here and we incorporate that discussion by
reference.18 We add that Shin forms multiple apertures 16 (topological
structures) for nanostructure growth as best seen in Figure 3D. As such,
16 See id. at 7-9.
17 See id. at 9.
18 See id.
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