Ex Parte Erkey et al - Page 5



               Appeal 2007-1375                                                                             
               Application 10/327,300                                                                       

                                                OPINION                                                     
                      We determine the following factual findings from the record in this                   
               appeal:                                                                                      
                      (1) Ye discloses a platinum-aerogel nanocomposite in which the                        
                         platinum nanoparticles are uniformly incorporated as part of the                   
                         molecular architecture of the composite, prepared by mixing a                      
                         platinum salt or an organometallic compound with                                   
                         polyacrylonitrile to form a polymer gel, reducing the salt,                        
                         exchanging the remaining solvent with acetone or ethanol,                          
                         removing the latter solvent with carbon dioxide supercritical                      
                         extraction, followed by pyrolysis  (Ye 1667, Abstract and left                     
                         column);                                                                           
                      (2) Ye discloses that in a typical experiment 5 wt.% of platinum is                   
                         used to prepare the aerogel composite (Ye 1667, right column),                     
                         and the surface mean particle size of the platinum particles can be                
                         “estimated” to be 2.7 nanometers (nm) (Ye 1669, left column; see                   
                         Figure 3; Answer 5);                                                               
                      (3) Maldonado discloses the preparation of transition-metal-                          
                         containing aerogels and their carbonized derivatives, where the                    
                         transition metal may be platinum, and the aerogels are RF                          
                         aerogels, i.e., made by polycondensation of resorcinol with                        
                         formaldehyde in aqueous solution to form gels that can be                          


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