Appeal 2006-3259
Application 09/785,188
STATEMENT OF THE CASE
The Specification
The claimed invention generally relates to sol-gel-derived materials
and is more specifically “directed toward . . . the formation of robust,
macroporous samples” and the samples so formed. Specification (“Spec.”)
at 1. According to the specification, “sol-gel-derived materials” have
“several favorable characteristics . . . as immobilization matrices, including
. . . low temperature production routes, chemical-, temperature-, and
radiation stability, high surface area and porosity, ease of functionalization,
mechanical rigidity (little or no swelling), and tunable properties and
microstructure.” Id.
Further according to the specification, despite “the promise of sol-gel-
derived materials, limited progress in the use of sol-gel-derived materials as
a cell immobilization matrix has been made.” Id. at 2. “Common sol-gel
production methods are too cytotoxic at the time of gelation for extensive
use in the immobilization of cells. Furthermore, macroporous samples
amenable to colonization are difficult to obtain and may require the use of
toxic chemicals.” Id. The stated reasons for these prior art difficulties
appear to be found in problems with the sol’s production. Id. at 2-3.
Appellants provide:
[A] method and a sol that can be used to form gels that are
compatible with biological materials and/or robust and
macroporous. As needed, the two step nature of the gelation
reaction can be exploited to allow removal of undesired
organic solvents such as hydrolysis reaction by-products
from an acidic aqueous sol prior to gelation. Thus, sols that
are substantially free of organic solvents and compatible with
biological materials can be produced. Also as needed, robust,
2
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