Ex Parte WELSH et al - Page 3

          Appeal No. 1997-1791                                                        
          Application No. 08/485,304                                                  

          respect to the volatiles content of the disclosed hydrogel.                 
          However, it is the examiner's position that since appellants'               
          specification states that a minimum volatiles content of 40% is             
          necessary to maintain the pore volume, and the pore volume of               
          Cohen's hydrogel meets the claimed pore volume of at least                  
          1.0 ml/g, it necessarily follows that Cohen "must inherently have           
          such volatiles content" (page 4 of Answer).                                 
               If the only evidence of record pertaining to volatiles                 
          content was appellant's specification disclosure referenced by              
          the examiner (page 9, lines 9-15), we might agree with the                  
          examiner that it is reasonable to conclude that the hydrogel of             
          Cohen has a volatiles content of at least 40 wt.%.  However, this           
          is not the case.  As urged by appellants, the instant                       
          specification discloses that "it is important that the                      
          temperature increase of the hydrogel during the milling process             
          be minimized" (page 9, lines 10-12), and "[s]uch milling                    
          conditions, as noted above, are characterized by the absence of a           
          substantial temperature increase of the hydrogel during milling"            
          (page 9, lines 30-33).  On the other hand, Cohen indicates no               
          appreciation for minimizing temperature during milling of the               
          hydrogel but, rather, teaches that high temperature milling is              
          employed.  For instance, Cohen discloses that:                              
               Two drying methods were found to give consistently                     
               higher pore volumes:  (1) heating a thin layer of the                  
               gel in a preheated dish in a muffle furnace at 500 to                 


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