Appeal No. 2000-1860 4
Application No. 08/679,243
We find that Kinderman discloses a solution having a pH of from about 3.5 to 5.5
which is described as a suitable range for printing. See column 2, lines 24-26. We find
that the colloidal silica is described as a suspension containing for example thirty percent
by weight silica in water. See column 2, lines 33-35. We find that the particular silica
utilized is “Ludox AM” silica a 30% solid colloidal silica solution, available from DuPont
Chemical. See Example 1 in column 3. There is however, no statement in the
Kinderman reference that any of the specific characteristics required by the claimed
subject matter are present in the colloidal silica of the reference. Thus, the requisite
particle size, amphoteric metal silicate pH characteristics, chemical structure, or amounts
are absent from the disclosure of Kinderman.
The examiner has stated in the Office action of 11/19/1997 (Paper No. 7) that,
“[a]pplicants argue that the reference does not teach silica particles having an amphoteric
metal chemically bonded to the particles through oxygen atoms. Ludox AM, which is
taught by the reference, are silica particles having aluminum, an amphoteric metal,
chemically bonded to the particles through oxygen atoms produced by the method of US
Patent 2,892,797.” Significantly, however, the aforesaid reference is not of record
before us. Furthermore, the examiner has not stated which portions of the reference are
relied upon or how they teach that the Ludox AM of the Kinderman reference has the
requisite characteristics required by the claimed subject matter. We have considered U.S.
Patent No. 2,892,797, incorporated by reference in the specification before us. See
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