Ex parte CHIENG et al. - Page 9




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


               We have carefully reviewed each of the relied upon prior art            
          references, particularly Hench, that form the basis of the                   
          examiner’s rejections.                                                       
               As persuasively argued by appellants, the narrow pore                   
          diameter distribution is an integral limitation of these claims,             
          and none of the relied upon references, including Hench, teach               
          one of ordinary skill in the art how to make a silica gel having             
          a pore diameter distribution having a standard deviation and pore            
          diameter less than about 25 percent of the average pore diameter             
          as claimed.  Particularly, see the brief at page 5.                          
               Essentially, for the reasons set forth in appellants’                   
          briefs, we agree that the examiner has failed to establish a                 
          prima facie case of obviousness for the subject matter defined by            
          appealed claims 35-46.  We, therefore, reverse the examiner’s                
          rejections of these claims.                                                  
               In summary, the rejection of claims 32 and 34 is affirmed.              
          The rejections of claims 35-46 is reversed.  Accordingly, the                
          decision of the examiner is affirmed-in-part.                                
               No time period for taking any subsequent action in                      
          connection with this appeal may be extended under 37 CFR                     
           1.136(a).                                                                  



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