aqueous suspension of silica powder is disclosed in this
comparative example, which differs from silicon oxide in
particulate form (column 19, lines 31-36). The examiner also
argues that column 7, lines 35-40 of Yamaguchi teaches
precipitated silicic acid, and that therefore a particulate
form is taught by Yamaguchi. (Answer, page 4). However, as
pointed out by appellants on page 3 of their reply brief, the
silicic acid of Yamaguchi is in liquid form when contacting
the carbon source. Thereafter, precipitation occurs.
Hence, we find that Yamaguchi does not provide a teaching
of utilizing silicon oxide in particulate form, as required by
claim 17.
Appellants further argue that Yamaguchi does not suggest
the use of coal as the carbon source (brief, page 6). The
examiner argues that column 5, line 3 of Yamaguchi teaches
“coarse carbon particles”, and states that this disclosure
encompasses coal. (answer, page 4). We find that this
disclosure of Yamaguchi refers to activated carbon which is
entirely different from coal.
We do note that column 5, lines 11-16 of Yamaguchi
indicates that the term “precursor of carbon” means a
substance which produces carbon at elevated temperatures,
namely, an organic substance which converts into a
carbonaceous residue when it is heated to a temperature
falling within the range of from 200° to 1500°C. Nowhere on
this record, however, has the examiner presented evidence that
coal, for example, the coal disclosed in the applied reference
of Reichl or Mueller, is encompassed by this term. Hence, we
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