Appeal 2007-1893
Application 10/946,753
of Zhang reasonably constitutes a “topological structure” – an interpretation
Appellants apparently acknowledge.19
Even assuming that the electric field solely controls orientation of the
nanostructure in Zhang, claim 1 is still fully met. The electrode (topological
structure) generates the electric field which in turn controls orientation. That
is, but for the existence of the topological structures (electrodes), the electric
field would not be generated and, consequently, the nanostructures’
orientation would not be controlled. Simply put, the electrodes cause
orientation to be controlled.
Claim 1 is therefore fully met by Zhang. Accordingly, we will
therefore sustain the Examiner’s rejection of claim 1 and claims 5 and 6
which fall with claim 1.
Claims 7 and 8
We will not, however, sustain the Examiner’s rejection of claims 7
and 8. Claim 7 calls for the topological structure to surround the catalyst.
The electrodes in Zhang, however, are located on either side of the catalyst.
The term “surrounding” is defined, in pertinent part, as “[to] be all round;
encircle.”20 Merely flanking the catalyst on either side hardly disposes the
topological structure “all round” or encircles the catalyst in accordance with
19 See Reply Br., at 18 (“[I]t is the electric field, rather than the topological
structure (electrode), that controls the orientation of the nanostructures.”)
(emphasis added).
20 See Compact Oxford English Dictionary, AskOxford.com, available at
http://www.askoxford.com/concise_oed/surround?view=uk (last visited
Aug. 29, 2007).
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