Appeal No. 1997-1791
Application No. 08/485,304
600°C. and (2) direct exposure of the gel to burner
flames as the particles pass along an iron channel or
flight as in a direct fired rotary kiln.
See column 2, lines 52-57. In addition, Cohen discloses that
"[h]ot fluid energy milling of ASH to reduce the particle size
was found usually to cause smaller losses in PV compared to
normal operation of the mill which showed a larger loss of PV"
(column 2, lines 58-61). Furthermore, Cohen exemplifies high
temperature milling: EXAMPLE I - 530°C; EXAMPLE II - 500°C+;
EXAMPLE III - 530°C; EXAMPLE IV - approximately 510°C;
EXAMPLE VI - 240°C-310°C. While EXAMPLE V does not specify the
temperature of the milling, the hydrogel is micronized in a
heated fluid energy mill. Hence, whether Cohen describes the
milled product as a hydrogel or an aerogel, it is clear that
Cohen does not employ the minimal temperature during milling
which appellants disclose as necessary for producing a hydrogel
having a volatiles content of at least 40 wt.%. While the
examiner points to claim 14 of Cohen which recites a lower limit
of 200°C for drying the treated gel, which temperature the
examiner characterizes as "clearly 'mild' enough to maintain the
hydrogel as such, as in De Wolf [sic, DeWolf]" (page 7 of
Answer), there is no evidence that treating the Cohen gel at
200°C would allow for the maintenance of the claimed volatiles
content. Furthermore, there is no evidence that all hydrogels
have a volatiles content of at least 40 wt.%.
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