Ex parte BHANDARKAR et al. - Page 2




                 Appeal No. 1999-2158                                                                                                                   
                 Application No. 08/971,460                                                                                                             

                 the Advisory                                                                                                                           
                 Action dated Oct. 2, 1998, Paper No. 16).   Claims 1, 2 and 5              1                                                           
                 through 11 are the only claims remaining in this application.                                                                          
                          According to appellants, the invention is directed to a                                                                       
                 process of forming a silica sol comprising the steps of                                                                                
                 forming an initial mixture of silica particles in water and                                                                            
                 subjecting the mixture to shear-mixing, wherein the                                                                                    
                 improvement comprises adding an alkaline material containing                                                                           
                 no metal cation to the initial mixture to produce a pH range                                                                           
                 of 6 to 9 (Brief, page 3).  A copy of illustrative claim 1 is                                                                          
                 reproduced below:                                                                                                                      
                                   1.  Process comprising forming a silica sol of                                                                       
                          substantially unagglomerated silica, the process                                                                              
                          comprising the steps of forming an initial mixture of                                                                         
                          silica particles in water and subjecting the mixture to                                                                       
                          shear-mixing, thereby forming the silica sol,                                                                                 
                                   WHEREIN THE IMPROVEMENT COMPRISES                                                                                    
                                   including an agent in the initial mixture so that                                                                    
                          the pH is a value in the range of pH6 to pH9, in which                                                                        

                          1Although the examiner states that the amendment dated                                                                        
                 Sep. 22, 1998, will be entered upon filing of an appeal                                                                                
                 (Advisory Action, Paper No. 16) and that the amendment of Sep.                                                                         
                 22, 1998, “has been entered” (Answer, page 2), this amendment                                                                          
                 has not been physically entered into the record.  Upon return                                                                          
                 of this application to the jurisdiction of the examiner, this                                                                          
                 error should be rectified.  We have considered the claims as                                                                           
                 if the amendment of Sep. 22, 1998, had been physically                                                                                 
                 entered.                                                                                                                               
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