Appeal No. 95-1091
Application 07/916,973
which reacts with the silanol groups of the silica polymer. To
support the conclusion of obviousness for the claimed step not
taught by the primary references, the examiner relies upon Unger.
Unger discloses a process of forming discrete particles of
SiO which are substantially without any porosity which find
2
utility as calibration standards for determining the size of
small objects and as sorption or carrier materials in the field
of chromatography and separation techniques. Unger provides
absolutely no teaching or suggestion that the product SiO2
particles, which are formed by treating a sol of primary
particles by the controlled addition of tetraalkoxysilane or
organotrialkoxysilane, which particles have virtually no
porosity, can be converted into a porous hydrophobic aerogel of
the type disclosed by the primary references and presently
claimed. In our view, the examiner has failed to factually
establish that one of ordinary skill in the art would have had a
reasonable expectation that Unger's step of forming SiO2
particles having virtually no porosity could be incorporated into
the processes of the primary references to obtain a porous
hydrophobic aerogel, let alone an aerogel having the superior
stability to moisture demonstrated in the present specification.
Accordingly, based on the foregoing, the examiner's decision
rejecting the appealed claims is reversed.
-4-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007