Ex Parte Conroy et al - Page 3

                Appeal 2006-3259                                                                             
                Application 09/785,188                                                                       

                      macroporous gels can be made by introducing water-soluble                              
                      organic polymers to similar sols, with or without biological                           
                      materials present [Spec. at 4].                                                        
                      One method according to Appellants’ invention includes “hydrolyzing                    
                a sol-gel precursor in water to form a sol containing an organic solvent;                    
                removing said organic solvent from said hydrolyzed sol; and mixing said                      
                biological material with said hydrolyzed sol after said removing step.”  Id.                 
                Another includes “hydrolyzing a sol-gel precursor in water to form a sol                     
                containing an organic solvent” and “mixing said biological material with                     
                said sol” without mention of removal of the organic solvent.  Id. at 4-5.                    
                The Rejected Claims                                                                          
                      Claims 15-26, 28, 29 and 31-39 are pending and have been rejected                      
                under 35 U.S.C. § 103(a) based on various combinations of the following                      
                references:                                                                                  
                      Hino et al.        U.S. 4,148,689      Apr. 10, 1979                                   
                Uo et al., "Immobilization of Yeast Cells in Porous Silica Carrier with                      
                Sol-Gel Process," Journal of the Ceramic Society of Japan, Vol. 100, No. 4                   
                (1992), pp. 426-429.                                                                         
                Klein et al., "Effect of Water on Acid- and Base-Catalyzed Hydrolysis                        
                of Tetraethylorthosilicate (TEOS)," Better Ceramics Through Chemistry,                       
                Vol. 32 (1984), pp. 33-39.                                                                   
                Rao et al., "Influence of Molar Ratios of Precursor, Catalyst, Solvent                       
                and Water on Monolithicity and Physical Properties of TMOS Silica                            
                Aerogels," Journal of Sol-Gel Science and Technology, Vol. 3 (1994),                         
                pp. 205-217.                                                                                 


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