Appeal No.96-2575
Application 08/051,886
Kratel et al. (Kratel '487) 3,953,487 Apr. 27, 1976
McDaniel 4,190,457 Feb. 26, 1980
Kratel et al. (Kratel '587) 4,191,587 Mar. 04, 1980
Appellants' claimed invention is directed to a process
for preparing a xerogel that comprises contacting an inorganic
wet gel with a silicon-nitrogen compound of the recited
formula. The xerogels of the present invention have a low
density and high porosity and find utility as thermal
insulation.
The appealed claims stand rejected under 35 U.S.C. § 103
as being unpatentable over McDaniel in view of Kratel '487 and
Kratel '587.
Upon careful consideration of the opposing arguments
presented on appeal, we concur with appellants that the prior
art applied by the examiner fails to establish a prima facie
case of obviousness for the claimed subject matter.
Accordingly, we will not sustain the examiner's rejection.
There is no dispute that McDaniel discloses a process for
preparing a xerogel comprising contacting an inorganic
hydrogel with a silicon-nitrogen compound. However, as
appreciated by the examiner, McDaniel does not disclose the
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