Ex Parte Ackerman et al - Page 17

                 Appeal 2006-2523                                                                                      
                 Application 10/206,496                                                                                

                        Appellants reply that the claimed “LPP” process for coating metal                              
                 particles can not be equated to the “sol-gel” process for coating metal oxide                         
                 particles of Adachi (Reply Br. 49-50 and 52).  In this respect, Appellants                            
                 maintain the use of alcohols having eight to ten carbon atoms as taught by                            
                 Adachi will result in a precipitate in solution as disclosed in the                                   
                 Specification (id. 52).                                                                               
                        We cannot agree with Appellants’ contentions with respect to the                               
                 description of prior art processes in the Background of the Invention.  We                            
                 find this description makes clear the liquid phase polymerization (LPP)                               
                 processes involve “sol-gel” solutions in which the formation of a gel in                              
                 solution is controlled by the amount of alcohol in solution (Specification,                           
                 [0002]-[0004]; see above pp. 8-10).  We further find an LPP process                                   
                 involves suspension of any metal substrate particles in any “alcohol-based                            
                 solution” as exemplified by ethanol as “the primary solvent” or “primary                              
                 constituent” and not as the only alcohol used in such solution (Specification                         
                 [0003] and [0007]; see above pp. 8-9 and 13-14).  The description further                             
                 shows the polymerization temperature depends on the boiling point of the                              
                 various constituents in the solution, such as ethanol where it is the “primary                        
                 constituent,” and the “polymerization reaction cannot be run at or above the                          
                 boiling point of the solution” (Specification [0007]).  We find no limitation                         
                 on the type of metal substrate particles or the surface characteristic of such                        
                 particles which are coated with the metal oxide film by the prior art                                 
                 processes.                                                                                            
                        We find Adachi would have disclosed to one of ordinary skill in this                           
                 art “sol-gel” methods for coating a metal oxide particle with a metal oxide                           


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