Ex Parte JIN et al - Page 4


          Appeal No. 2002-1330                                                        
          Application No. 09/178,249                                                  

          (Column 6, lines 10-60.)  Smith further describes the                       
          introduction of a vapor-phase catalyst such as ammonia to                   
          further activate the sol and promote rapid cross-linking.                   
          (Column 8, lines 46-50; column 30, line 62 to column 31, line               
          8.)                                                                         
               The appellants’ only discernible argument is that                      
          “Smith...does not suggest any flowing of the catalyst over the              
          precursor layer as required by claim 1.”  (Appeal brief, page               
          3.)  We disagree.                                                           
               To start, we note that Smith’s catalyst is described as                
          performing the same function (i.e., catalyze the gelation                   
          reaction) as the appellants’ recited catalyst.  (Specification,             
          page 6, lines 21-23; Smith’s column 8, lines 40-53.)  Also,                 
          while a preferred embodiment of the invention includes                      
          “continuously flowing” the catalyst through the “gel aging                  
          chambers,” this feature of the invention is not specified in                
          appealed claim 1.                                                           
               As pointed out by the examiner (answer, page 4), the                   
          introduction of Smith’s catalyst vapor into closed chamber 32               
          (Figure 19C) to catalyze the reaction (i.e., gelation) of the               
          precursor sol film would necessarily result in the movement of              

                                                                                     
          confine our discussion to claim 1.  37 CFR §§ 1.192(a), c(7) and            
          c(8) (1995, 1997).                                                          

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