Ex parte CHIENG et al. - Page 5

          Appeal No. 94-2414                                                           
          Application 07/911,504                                                       

                THE REJECTION OF PRODUCT-BY-PROCESS CLAIMS 32 AND 34                   
               Appellants characterize the present invention as directed to            
          a silica gel made according to a “novel method” which is                     
          presented in U.S. Patent No. 5,158,758.  No method claim in that             
          patent, however, is directed to the specific method which now                
          defines the product of claims 32 and 34 in this appeal.  As                  
          evident from respective steps (f) and (g) of method claims 31 and            
          33, the silica gel defined by product-by-process claims 32 and 34            
          is, in actuality, a silica gel bonded by a quantity of                       
          organochlorosilane.  This bonded form of silica gel is said to be            
          especially useful for reverse phase liquid chromatography (RPLC).            
          See the specification at page 13, lines 9-11.                                
               Appellants submit (brief, page 9) that the silica gel                   
          defined by claims 32 and 34 is distinguishable from Jacques,                 
          Hench and Colin “singly or in combination” because the claims                
          require a “dry gel having essentially one form of silanol                    
          moiety”.  This language appears in the respective processes as               
          step (e) of claim 31 and step (f) of claim 33 as part of a                   
          claimed drying step, i.e. “drying said washed gel to obtain dry              
          gel having essentially one form of silanol moiety”.  It is noted,            
          however, that the dried gel is then subjected to reaction with a             


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