Appeal 2006-2523
Application 10/206,496
routinely arrived at optimum or workable ranges for the carbon content of
the alcohols and polymerization temperatures (id. 6:18 to 7:2).
Appellants contend, with respect to independent claim 1, the prior art
processes described in the Background of the Invention are limited to the use
of a solution containing ethanol, phosphates, and metallic precursors
wherein water is added to the solution while maintaining the temperature
below the boiling point of ethanol (Br. 17:18-25). Appellants argue Adachi
does not provide the other limitations of the claimed method.
Appellants contend Adachi coats “metal oxide particles” by a sol-gel
process while the claimed method coats “metal particles” and precludes the
formation of a gel (Br. 17:28-18:5). Appellants contend col. 10, ll. 30-47, of
Adachi discloses methanol, ethanol, and propanol for using a silicon
alkoxide along with a “dispersion . . . accomplished by an ammonium salt to
prevent aggregation,” arguing that “applicants do not teach the use of
methanol or propanol as a low weight alcohol for dispersion of oxides,” or
the particular dispersion in describing the prior art methods in the
Background of the Invention (Br. 18:5-11). Appellants contend col. 5,
ll. 33-57, of Adachi, “teaches an alcohol-based solvent consisting mainly of
an intermediate alcohol having 4-10 carbon atoms” which precludes the
claimed “initial alcohol-based solvent of ethanol” to which is added
“intermediate alcohols from C3-C7 . . . to raise the boiling point of the
solution above ethanol” (Br. 18:12-20). Appellants point to the disclosure
“addition of intermediate alcohols above C7 will result in precipitation of a
hydrous mass” at [0022] in the Specification, and argue Adachi “permits the
use of alcohols having more than seven carbon atoms” (Br. 18:12-25).
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