Appeal 2007-1375
Application 10/327,300
As shown by factual findings (1) and (3) listed above, Ye and
Maldonado are directed to carbon aerogels containing platinum, but these
aerogels are prepared by totally different methods. We determine that the
Examiner has not provided a sufficient reason or explicit analysis of why the
disclosures of the references should be combined.5 Merely stating that both
references “teach Pt containing aerogels” is not a sufficient reason for
modifying the aerogel of Ye to have the pore volume taught by Maldonado
(Answer 5). Contrary to the Examiner’s assertion on pages 11-12 of the
Answer, the processes of preparation for each reference are vastly different.
As shown by factual finding (4) listed above, Maldonado teaches the
use of a very small amount of platinum (“around 0.5 %”). Thus, we
determine that Maldonado does not cure the deficiency of Ye as discussed
above, and would not have led one of ordinary skill in this art to higher
levels of platinum particles incorporated in the aerogel of Ye.
Finally, we note that the Examiner has not identified where the basis
occurs in Maldonado for the factual finding that this reference teaches
aerogels containing platinum with a pore volume greater than 0.5 cm3/g
(Answer 5). We determine that Maldonado discloses the properties of many
types of aerogels, and the Examiner has not established the specific
carbonized aerogels containing platinum that have been treated with
supercritical carbon dioxide, similarly to those of Ye, have pore volumes
within the claimed range (see Table 5 on page 1203 of Maldonado).
5 See KSR Int’l Co. v. Teleflex, Inc., 550 U.S. __ , 82 USPQ2d 1385, 1396
(2007).
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