Ex Parte Villalobos et al - Page 2


           Appeal No. 2006-1218                                                                      
           Application No. 10/601,884                                                                

           preferably has a spinel crystal structure.  Spinel is a metallic                          
           oxide crystal form having the general formula of AB2O4 where A is                         
           a 2+ cation occupying tetrahedral lattice sites in an oxygen                              
           cubic close packed structure and B is a 3+ cation occupying                               
           octahedral lattice sites.  The preferred metals in the spinel                             
           structure are magnesium and aluminum (page 1, line 19 – page 2,                           
           line 4).  Particularly, the claims are drawn to a spinel product                          
           essentially free of sintering aids having a porosity of less                              
           than 0.2% and a particular grain size.                                                    
                 Further details regarding this subject matter are set forth                         
           in representative independent claims 1 and 19 which read as                               
           follows:                                                                                  
           1.  A product that is essentially devoid of a sintering aid and                           
           its components, said product comprising spinel that has porosity                          
           of less than 0.2%, said spinel is transparent to light having                             
           wavelengths in the range of 0.3-5.5 microns and said spinel                               
           having transparency in excess of 50% for a thickness of 1 mm,                             
           its spinel grains are within about 300% of the size of an                                 
           average grain and is devoid of grains larger than about 1 mm.                             
           19. A magnesium aluminate spinel sintered product that is                                 
           essentially devoid of a sintering aid and its components, that                            
           has porosity of less than 0.2%, has uniform grain size wherein                            
           the grains are less than 300% of the average grain size and is                            
           devoid of grains larger than about 1 mm.                                                  
                 The reference set forth below is relied upon by the                                 
           Examiner as evidence of anticipation or obviousness:                                      
           Sellers et al.  (Sellers) 3,768,990 Oct. 30, 1973                                         

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