Appeal No. 97-2359
Application 07/894,260
Rejection over Yen and Czerlinski
Yen discloses a cluster of particles comprised of uniform
diameter metal or metal compound particles having a size
typically below 1,000 D uniformly dispersed in a
functionalized polymer, and teaches that agglomeration is
controllable by changes in the pH of a suspension of the
metal-containing or metal compound-containing polymer
particles (col. 2, lines 37-40, 43-44 and 52-56; col. 6, lines
22-25 and 39-41). The functional groups of the polymer can be
hydroxyl, carboxyl and amino (col. 3, lines 19-20 and 67),
which are functional groups which appellants’ particles can
contain (specification, pages 29-31). Czerlinski teaches that
conventional methods were known in the art for making
particles having a uniform size (col. 3, line 57 - col. 4,
line 60).
Appellants argue that Yen does not disclose inorganic
oxide particles having a uniform size distribution (brief,
pages 8-9 and 17-19). We do not find this argument to be
convincing because Yen specifically teaches that uniform
diameter metal or metal compound particles, which can be metal
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