Ex Parte Erkey et al - Page 2



               Appeal 2007-1375                                                                             
               Application 10/327,300                                                                       

                      According to Appellants, the invention is directed to an aerogel                      
               having a specified pore volume, with metallic particles such as platinum                     
               dispersed on a surface of the aerogel in an amount of at least 10 wt.% with                  
               an average particle size of about 2.5 nanometers or less (Supp. Reply Br.                    
               2).1  The claims on appeal are reproduced below:                                             
               33.  A composition comprising an aerogel having a pore volume of at least                    
               0.5 cm3/g, as determined using a nitrogen adsorption/desorption technique or                 
               equivalent, and metallic particles dispersed on a surface of said aerogel such               
               that said composition comprises at least 10 wt. % of metallic particles based                
               on the total weight of the composition, wherein said metallic particles                      
               include platinum and wherein said metallic particles having an average                       
               particle diameter of about 2.5 nanometers or less.                                           
               34.  The composition of claim 33, wherein said aerogel is a carbon aerogel.                  
                      The Examiner has relied on the following references as evidence of                    
               unpatentability:                                                                             
               Hammerschmidt                           US 6,010,798                     Jan. 4, 2000        
               Siyu Ye et al. (hereafter Ye), “A new electrocatalyst consisting of a                        
               molecularly homogeneous platinum-aerogel nanocomposite,” 75 Can. J.                          
               Chem., 1666-1673 (1997)                                                                      
               Maldonado-Hódar et al. (hereafter Maldonado), “Synthesis and textural                        
               characteristics of organic aerogels, transition-metal-containing organic                     
               aerogels and their carbonized derivatives,” 37 Carbon 1199-1205 (1999)                       
                                                                                                           
               1 We note that two Supplemental Reply Briefs have been submitted by                          
               Appellants, dated Nov. 9, 2006 and Nov. 13, 2006, respectively.  These                       
               Supplemental Reply Briefs appear to be duplicates.  We will refer to and cite                
               from the Supplemental Reply Brief dated Nov. 9, 2006.                                        
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