Ex parte SIGEL et al. - Page 3




          Appeal No.96-2575                                                           
          Application 08/051,886                                                      


          use of silicon-nitrogen compounds of the recited formula.                   
          Consequently, the examiner                                                  




          relies upon the Kratel references for teaching a reaction of                
          appellants' silicon-nitrogen compounds with SiO .  However, as              
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          explained by appellants, the flaw in the examiner's reasoning               
          is that the Kratel references are not directed to reacting the              
          silicon-nitrogen compounds with a wet gel to form a xerogel,                
          as required by the appealed claims and disclosed by the                     
          primary reference, McDaniel.  While the examiner points to the              
          mention of aerogels and xerogels in the Kratel patents, the                 
          references teach reacting the silicon-nitrogen compounds with               
          dehydrated silica gels or xerogels, not with wet inorganic                  
          gels to form a xerogel.  As properly noted by appellants, the               
          "fine-particle size SiO  to be reacted with the organosilicon               
                                 2                                                    
          compounds" (Kratel '487 at column 2, lines 32 and 33) is a                  
          dry, dehydrated material, not a wet gel.  In essence, whereas               
          appellants and McDaniel are directed to forming a xerogel from              
          an inorganic wet gel, the Kratel references are concerned with              
          modifying dry SiO  (which can be already-formed xerogels) by a              
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