Appeal No. 94-0869
Application No. 07/517,719
'substantially spherical,' and does not provide any electron
photomicrographs of the claimed silica particles that would
serve as a basis for comparing their morphology with the
silica particles of Winyall." Appellant points out that the
present specification states that "EP 18,866, assigned to the
assignee hereof, proposed certain homogeneous silica spheres
having a mean particle size greater than 80 Fm, a BET surface
area of 100 to 300 m /g and a density of approximately 0.29."2
In addition, appellant notes that a U.S. patent to Garvey
discloses egg-shaped particles shown in Figures 2-3 as being
"spheroidal." However, since this argument was not presented
in appellant's principal or reply briefs, it is not properly
before us. Ex parte Hindersinn, 177 USPQ 78, 80 (Bd. App.
1971). See also 37 CFR § 1.192(a). Furthermore, appellant
has not established the requisite nexus between the claimed
"[s]ilica beads having a substantially spherical morphology"
and the silica particles of EP 18,866 and Garvey.
The arguments presented at pages 3-5 of appellant's
Request, with respect to page 5, lines 3-10 of our decision,
are also presented for the first time and, therefore, not
properly before us. In addition, we fail to see how a
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Last modified: November 3, 2007