Appeal No. 1998-1353 Page 3
Application No. 08/488,288
obtained by hydrolytic polycondensation of alkoxides and have a surface modified by covalently
bonded organic groups.
6. Process for the preparation of preparations according to Claim 1, characterized in that 70 to
95% by weight of monodisperse spherical oxide particles with a particle diameter between 10 nm and
10 µm are mixed homogeneously with 30 to 5% by weight of an essentially non-volatile binder together
with a solvent being present in a weight ratio of 1:1 to 1:100, and the solvent is then removed from the
resulting suspension or dispersion by distillation, a free-flowing powder of agglomerates with a diameter
between 1 µm and 500 µm being obtained without flocculation.
The prior art references of record relied upon by the Examiner in rejecting the appealed claims
are:
Barker et al. (Barker) 4,701,218 Oct. 20, 1987
Kaliski 5,346,546 Sep. 13, 1994
Jon E. Browning, Agglomeration: Growing Larger in Applications and Technology, Chemical
Engineering, Dec. 4, 1967, at 147 . 1
8 Chemical Engineer’s Handbook 57-65 (Robert H. Perry & Cecil H. Chilton eds., 5 ed. 1973). th
The grounds of rejection on appeal are as follows:
1. Claims 1 and 5-10 stand rejected under 35 U.S.C. § 102(e) as anticipated by or, in the alternative,
under 35 U.S.C. § 103 as obvious over Kaliski.
2. Claims 1, 5-7 and 10 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Barker . 2
1We have enclosed a more complete and more readable version of this article.
2The rejection under 35 U.S.C. § 102(b) as being anticipated by Barker has been withdrawn
(Answer, page 2).
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