Ex parte BERATAN et al. - Page 3




          Appeal No. 1998-3021                                                        
          Application No. 08/788,313                                                  


          under 35 U.S.C. § 103 as being unpatentable over Robinson in                
          view of Hrubesh.                                                            
               Claims 2, 3, 11 and 12 stand rejected under 35 U.S.C. §                
          103 as being unpatentable over Robinson in view of Hrubesh and              
          Gnade.                                                                      




               Reference is made to the final rejection (paper number                 
          17), the brief and the answer for the respective positions of               
          the appellants and the examiner.                                            
                                       OPINION                                        
               The obviousness rejection of claims 1 through 15 is                    
          reversed.                                                                   
               The examiner is of the opinion (final rejection, pages 2               
          and 3) that Robinson discloses all of the claimed steps except              
          for “the steps of depositing a precursor film on the                        
          electrically conductive layer and gelling the precursor film                
          to form a porous silicon aerogel film.”  The examiner                       
          indicates (final rejection, page 3) that “Hrubesh teaches a                 
          process comprising the steps of applying a precursor film on                
          an electrically conductive layer and gelling the precursor                  
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