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 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007