Ex parte CHIENG et al. - Page 7

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

          Although Colin teaches that it is generally accepted that the                
          surface of a silica gel particle is covered with a monolayer of              
          silanol groups with an irregular distribution, Colin clearly                 
          teaches that it is necessary to activate or dehydrate the silica             
          before carrying out monochlorosilane bonding.  Compare, for                  
          example, the disclosure of Colin at page 297, first full                     
          paragraph, and Colin’s teaching that a “completely hydroxylated              
          silica” has been obtained by prior art workers by activating or              
          dehydrating silica gel on heating at 250E under a vacuum.                    
          Further, we observe appellants’ acknowledgment (specification,               
          page 11, line 34 to page 12, line 28) that appellants’ drying                
          step is effected by method known in the art.  There is therefore             
          no reasonable basis to argue, as appellants have, that                       
          appellants’ dry gel having essentially one form of silanol moiety            
          differs at all from prior art “completely hydroxylated” silica               
          gels which have been bonded by reaction with an                              
               Where, as here, the prior art organochlorosilane bonded                 
          silica gel appears to be either identical or slightly different              
          from the organochlorosilane bonded silica gel defined by product-            
          by-process claims 32 and 34, the burden is on appellant to                   
          establish that the prior art gels do not necessarily or                      


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