Ex Parte Ackerman et al - Page 15


                  Appeal 2007-0687                                                                                         
                  Application 10/797,422                                                                                   
             1    state,” such as preventing deposition of the alumina precursor in unnecessary                            
             2    or unwanted areas of the component.                                                                      
             3                  4.     Claims 26 and 363                                                                   
             4           Claim 26 reads as follows:                                                                        
             5           The method of claim 23 wherein the infiltrated aluminum                                           
             6           alkoxide is thermally converted to finely divided alpha alumina.                                  
             7                                                                                                             
             8           Spence teaches using aluminum alkoxide as an alumina precursor.                                   
             9    Spence, col. 5, ll. 11-17.  However, the Examiner found that the combined                                
           10     teachings of Spence and Hasz do not expressly disclose that aluminum                                     
           11     alkoxide is thermally converted to finely divided alpha alumina.  The                                    
           12     Examiner found that Ceramics and Glasses discloses that alpha alumina may                                
           13     be produced by heating hydrates of alumina.  The Examiner also found that                                
           14     the process described in Ceramics and Glasses is the same as the claimed                                 
           15     process.  Since the claimed process results in finely divided alumina, the                               
           16     Examiner found that the alpha alumina described in Ceramics and Glasses                                  
           17     must also be finely divided.  Answer 8.                                                                  
           18            The Appellants argue that Ceramics and Glasses does not teach or                                  
           19     suggest that the alpha alumina formed would be finely divided.  The                                      
           20     Appellants also argue that the Examiner improperly relied on the                                         
           21     Appellants’ disclosure to establish that the alpha alumina described in                                  
           22     Ceramics and Glasses would necessarily be finely divided.  Br. 12.                                       
           23            The Appellants disclose that thermally heated aluminum alkoxides are                              
           24     typically converted to finely divided alpha alumina.  Specification, p. 13, ll.                          
           25     31-32.  This disclosure is a statement of chemical fact which may be relied                              
                                                                                                                          
                  3 The Appellants argue claims 26 and 36 as a group.                                                      
                                                            15                                                             

Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: September 9, 2013