Appeal No. 1997-1793
Application No. 08/528,044
expectation of success. In re Vaeck, 947 F.2d 488, 493, 20
USPQ2d 1438, 1442 (Fed. Cir. 1991)(citing In re Dow Chemical
Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed. Cir. 1988).
Both the suggestion and reasonable expectation of success must
be founded in the prior art, not in applicants’ disclosure.
Id. Neither requirement has been satisfied here.
We find that Kleinschmit discloses a process for the
production of pyrogenically produced silicon dioxide-mixed
oxides having a BET surface area of 50 to 400 m /g and2
containing 0.01 to 10 weight % zirconium dioxide, 0.1 to 10
weight % iron oxide, or 0.1 to 9.9 weight % titanium dioxide
(column 1, lines 43-49). According to Kleinschmit, the
process involves:
. . . vaporizing silicon tetrachloride, diluting it
with preheated air, supplying the mixture to a known
type of burner, mixing it there with hydrogen and
with the vaporous chloride of iron, titanium or
zirconium in
such a ratio that the correspondingly composed silicon
dioxide-mixed oxide results, burning the 4-component
mixture in a reaction chamber, separating the solid
silicon dioxide-mixed oxide obtained thereby from the
gaseous reaction products by means of a known apparatus
and freeing from adhering hydrogen chloride by heating in
moist air. [Column 1, lines 50-60.]
Kleinschmit further teaches that the silicon dioxide-mixed
oxide thus produced can be used as thermal insulating
materials (column 2, lines 3-5). However, Kleinschmit does
not teach or suggest that the disclosed silicon dioxide-mixed
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