Ex Parte Hrubesh - Page 2

               Appeal 2007-1938                                                                             
               Application 10/050,437                                                                       
               18, all of the claims pending in this application.  We have jurisdiction under               
               35 U.S.C. § 6(b).  We AFFIRM.                                                                
                      The claimed subject matter relates to a method for producing a carbon                 
               aerogel composite.  Claim 1 is illustrative of the subject matter on appeal:                 
                            1.  A method comprising:                                                        
                                  infiltrating a solution containing a plurality                            
                            of carbon aerogel precursors into a pre-formed                                  
                            polymer foam, or fiber-mat,                                                     
                                  allowing said solution to gel such that it                                
                            encapsulates at least part of the pre-formed                                    
                            polymer foam or fiber-mat to form a gelled                                      
                            composite,                                                                      
                                  drying the gelled composite to form a dried                               
                            composite such that the surface tensile forces are                              
                            reduced, and                                                                    
                                  pyrolyzing the dried composite wherein the                                
                            preformed polymer foam or fiber-mat and the                                     
                            carbon aerogel decompose simultaneously such                                    
                            that they remain essentially in contact at their                                
                            interfaces to form a monolithic glassy carbon                                   
                            material.                                                                       
                      The Examiner has relied on the following references of record as                      
               evidence of unpatentability:                                                                 
                      Kaschmitter              US 5,260,855              Nov. 9, 1993                       
                      Pekala                   US 5,932,185              Aug. 3, 1999                       
                      Droege                  US 5,945,084              Aug. 31, 1999                      
                      The Examiner has rejected claims 1 and 18 under 35 U.S.C. § 102(b)                    
               as anticipated by Droege; claims 4 and 8 under 35 U.S.C. § 103(a) as                         
               obvious over Droege; and, claims 1, 4, 8 and 18 as under 35 U.S.C. § 103(a)                  


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