Appeal 2007-1893
Application 10/946,753
each respective aperture is formed in a different substrate region and has
corresponding nanostructures which grow within that particular aperture. In
short, the multiple apertures and associated nanostructure growth within
each aperture fully meets claims 36, 42, and 43. The Examiner’s rejection
of those claims is therefore sustained.
Regarding claim 37, since the nanostructures in Shin can grow in at
least two directions as shown in Figures 7A-8, distinct nanostructure growth
paths in different directions are obtained within each aperture. Therefore,
different apertures (i.e., in different substrate regions) would likewise
provide different growth paths in different directions. The claim is therefore
fully met by Shin.
II. The Anticipation Rejection Based on Zhang
Claims 1, 5, and 6
We now consider the Examiner’s rejection of claims 1 and 5-8 under
35 U.S.C. § 102(b) as being anticipated by Zhang. The Examiner has
indicated how the claimed invention is deemed to be fully met by Zhang
(Answer 12-13). Specifically, the Examiner considers the electrode shown
in Figure 1(d) to correspond to the recited topological structure (Answer 12,
24). Appellants, however, contend that even if the electrodes could be
considered topological structures, it is the electric field generated by the
electrodes – not the electrodes themselves – which controls the orientation of
the nanostructures (Br. 25; Reply Br. 18).
We will sustain the Examiner’s rejection of claims 1, 5, and 6. At the
outset, we agree with the Examiner that the electrode structure in Figure 1(d)
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