Ex Parte Conroy et al - Page 4

                Appeal 2006-3259                                                                             
                Application 09/785,188                                                                       

                Schmidt et al., "Principles of Hydrolysis and Condensation Reaction of                       
                Alkoxysilanes," Journal of Non-Crystalline Solids, Vol. 63 (1984), pp. 1-11.                 
                      Claims 26, 28, 29, and 31-36 are rejected over Uo and Hino.  Claims                    
                15-23, 25, and 37-39 are rejected over Uo, Hino, Kline and Rao.  Claim 24                    
                is rejected over Uo, Hino, Kline, Rao, and Schmidt.  Examiner’s Answer                       
                (“Answer”) 4, 7 & 8.                                                                         
                      Appellants argue claims 26 and 29 together and claims 28 and 15                        
                separately.  The remaining claims are not separately argued.  See Substitute                 
                Brief on Appeal (“Br.”) 4.  Thus, we consider representative claims 26, 28,                  
                15, and 24:                                                                                  
                      Claim  26.  A method, comprising:                                                      
                mixing a vegetative cell into a sol;                                                         
                mixing a sufficient amount of a dispersant into said sol to cause                            
                macropores in a gel formed by said sol; and                                                  
                gelling said sol to form said gel.                                                           
                                                                                                            
                Claim 28.  A gel, comprising:                                                                
                a macroporous solid network formed by the condensation of  hydroxy                           
                metallates from a sol solution; and                                                          
                a bacterial cell added to the sol solution and thereby immobilized                           
                within said solid network,                                                                   
                wherein said sol solution is compatible with said bacterial cell.                            
                      Claim 15.  A sol, comprising:                                                          
                      P moles of a hydroxy metallate;                                                        
                W moles of water;                                                                            
                a sufficient amount of a dispersant to cause macropores in a gel                             
                formed by said sol; and                                                                      
                a biological material,                                                                       
                wherein a ratio of W:P is greater than 25:1.                                                 




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