Appeal 2007-2983
Application 10/029,583
the dispersal of at least one molecule in a pore that is formed by the method
steps recited therein without any constraints on how one or more molecules
are dispersed in or added to the pore. As we noted above with respect to
claim 47, Appellants have not fairly explained how the provision of an
emitter in Kikuchi is not the provision of at least one molecule in the pore
opening. In this regard, representative claim 24 does not require that each
nanopore only includes a single molecule. As such, Appellants have not
established reversible error in the Examiner’s rejection based on the
arguments set forth in the Brief and the unsubstantiated and irrelevant
and/or enables the complete preparation of a particular molecular electronic
device via the claimed method, much less a general method for preparing a
variety of such completed molecular electronic devices to the extent that the
claimed subject matter may be amended to require the formation of such a
device. In this regard, Appellants briefly discuss two widely differing prior
art techniques, and alleged shortcomings thereof in forming spaced holes in
a substrate for placement of molecules therein (Specification 1-2). Then,
Appellants describe their claimed method for forming nanopores for
deposition of materials therein, or for spacing or separating molecules
therein. In this regard and in the event of such further prosecution, the
Examiner should determine if Specification paragraphs 0031 and 0032
furnish enough detail as to how the pillars are selectively etched to form the
nanopores for compliance with § 112, first paragraph requirements. Also,
for example, the Examiner should determine if Specification, paragraphs
0033-0036, including the brief reference to unidentified emerging teachings
therein together with the remaining portions of the Specification satisfies the
§ 112, first paragraph requirements for an enabling disclosure in making a
workable molecular electronic device with molecules capable of switching
in the presence of an electronic field. We note that no Examples of the
preparation of a workable molecular electronic device, much less one made
according to the claimed method, are furnished in the Application
Specification, as filed.
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