Ex parte RIEBER et al. - Page 3




          Appeal No. 96-0216                                                          
          Application 07/842,915                                                      


          of Blardone with claims 8, 9, 17 and 18 standing further rejected           
          in view of Mallow.                                                          
               We reverse.                                                            
               The claimed invention is directed to a method of making a              
          clear, soluble silicate solution from biogenetic silica.  The               
          biogenetic silica is obtained from the burning of biogenetic                
          materials such as                                                           
               rice hulls, rice stalks, esquitum (horsetail weed), bagasse,           
               certain bamboo palm leaves, particularly palmyra, pollen and           
               the like.  The burning of the biogenetic material is done              
               under controlled conditions so that substantially all of the           
               silica is in an amorphous rather than a crystalline state              
               [Specification, p. 6, line 30- p. 7, line 1].                          
          The biogenetic silica is dissolved in a strong alkali solution              
          (pH 12) and heated in a closed container to a temperature not               
          higher than 275EF in the presence of a solid carbonaceous                   
          material.                                                                   
               According to the specification, sodium silicate is                     
               conventionally made by fusing high purity soda ash and                 
               silica sand in furnaces at temperatures of 1300E to 1500EC             
               and higher to produce a solid glass.  The liquid is made by            
               dissolving the glass with steam and hot water.  This is                
               known as the open hearth process which is the foundation of            
               all commercial processes for making sodium silicate today              
               [Specification, p. 1, line 32- p. 2, line 7].                          

               Nakagawa discloses a method of making a silicate solution              
          wherein silica sand, silica clay, an alkaline aqueous solution              

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