Ex parte BREKAU et al. - Page 6




          Appeal No. 95-2237                                                          
          Application 08/067,308                                                      


               Also, the claimed porcess requires that the starting                   
          medium is a colloidal silica sol containing at least 2% by                  
          weight of SiO .  However, the starting material of Weldes is                
                       2                                                              
          an alkaline solution that "may contain no silica at all or                  
          merely that which results from using an alkali silicate                     
          solution diluted to the desired pH." (col. 2, lines 21-23).                 
          Hence, although the starting material of Weldes may apparently              
          contain some incidental silica, the examiner has not                        
          established that it would have been obvious                                 




          from the teaching of Weldes to employ a starting material that              
          is a silica sol having the claimed SiO  content of 2-20% by                 
                                                2                                     
          weight.  In particular, the examiner has not made out the case              
          that by following the teachings of Weldes for forming a                     
          starting material, the claimed starting material containing a               
          silica sol solution having the recited amount of SiO would2                       
          necessarily, or inherently, result.                                         
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claim is reversed.                          
                                      REVERSED                                        
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