Ex Parte Wu et al - Page 2



                 Appeal No. 2005-2522                                                                                  Page 2                      
                 Application No. 09/841,453                                                                                                        

                 least one oligomer or polymer reactive with silanol groups on the                                                                 
                 silica film.  According to appellants (specification, page 4),                                                                    
                 their surface modification results in a treated film with                                                                         
                 enhanced mechanical strength while achieving desirable dielectric                                                                 
                 values.  Also, see page 34, Table 7 and numbered lines 9-13 of                                                                    
                 the specification.  A further understanding of the invention can                                                                  
                 be derived from a reading of exemplary claim 20, which is                                                                         
                 reproduced below:                                                                                                                 
                         20.   A nanoporous silica film produced by a process                                                                      
                         comprising the steps of reacting a suitable silica film with                                                              
                         a composition comprising a surface modification agent,                                                                    
                         wherein said silica film is present on a substrate and                                                                    
                         wherein said reaction is conducted under conditions and for                                                               
                         a period of time sufficient for said surface modification                                                                 
                         agent to form a hydrophobic coating on said film and said                                                                 
                         surface modification agent comprises at least one type of                                                                 
                         oligomer or polymer reactive with silanol groups on said                                                                  
                         silica film.                                                                                                              
                         The prior art references of record relied upon by the                                                                     
                 examiner in rejecting the appealed claims are:                                                                                    
                 Grainger et al. (Grainger)                          5,686,549                         Nov. 11, 1997                               
                 Burns et al. (Burns)                                5,750,610                         May  12, 1998                               
                 Smirnov et al. (Kotelnikov )   2,089,499           Sep. 10, 19971                                                                                    
                 (published Russian Patent Application)                                                                                            

                         1The examiner and appellants refer to this reference as                                                                   
                 Kotelnikov.  Our references to Kotelnikov in this decision are to                                                                 
                 the English language translation of the published Russian patent                                                                  
                 application that is of record.                                                                                                    





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