Appeal 2006-3259
Application 09/785,188
Hino forms the sol “by reacting a water-soluble polymer [e.g., a
dispersant such as PEG] and a tetraalkoxysilane” but does not include an
alcohol as Uo does. Col. 4, ll. 30-34, 46-62.
Hino’s “water-soluble-polymer compound is mixed with the . . .
tetraalkoxysilane, and then the pH of the mixture is adjusted below 3 with
acid or acidic salt which exhibits no harmful effect on the enzymatic
activities of microbial cells.” Col. 5, ll. 21-25.
When Hino’s hydrolysis of the tetraalkoxysilane is complete, the
“original specific smell of tetraalkoxysilane changes to an alcoholic
perfume.” Col. 6, ll. 6-11.
Hino does not teach that the alcohol formed during hydrolysis should
be removed prior to addition of the microbial cells. See Hino passim.
In spite of the formation of alcohol in the hydrolysis step, according to
Hino’s teachings, “microbial cells possessing enzymatic activities can be
immobilized under quite mild conditions by entrapping them inside the gel
matrix . . . produced from the water-soluble-polymer compound and
silicate.” Col. 6, ll. 53-58.
In one example, Hino’s gels were extruded into acetone, methylene
chloride and isopropyl alcohol. Col. 15, ll. 63-65. The relative activity was
reduced but maintained above Hino’s sought-after level, i.e., above 50%
(61% for that extruded in isopropyl alcohol). Col. 16, ll. 3-21.
At least two of Hino’s gels scatter visible light and thus do not
exclude the presence of macropores, as admitted by Appellants. Br. 9-10
(citing Hino, col. 12, l. 6 &35). See also Hino, col. 6, ll. 24-25 (“above pH
7, the gel becomes semi-transparent”).
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