Ex Parte Hrubesh - Page 7

               Appeal 2007-1938                                                                             
               Application 10/050,437                                                                       
                      distribution of 20 nm and a density of 419 kg/m3 (Droege col. 16, l. 40               
                      - col. 17, l. 7, esp. col. 17, ll. 3-4, and col. 19, l. 15).                          
                 [25] The Examiner found that Droege taught a method comprising (i)                         
                      forming a reaction mixture containing a plurality of carbon aerogel                   
                      precursors, e.g., resorcinol and formaldehyde, (ii) infiltrating a porous             
                      carbon or organic substrate in the form of a foam, fiber, etc., with the              
                      reaction mixture, (iii) heating at a gelation temperature to gel the                  
                      reaction mixture, (iv) heating the composite at a curing temperature to               
                      cure the gel, (v) drying the composite and (vi) pyrolyzing the                        
                      composite to carbonize (Answer 2; Rejection3 3).                                      
                 [26] The Examiner found that Droege taught drying by conventional                          
                      methods, including supercritical evaporation using supercritical                      
                      carbon dioxide (Answer 2; Rejection 3).                                               
                 [27] The Examiner construed the claim term "monolithic" as meaning "a                      
                      uniform whole" (Answer 3).                                                            
                 [28] Thus, the Examiner found claims 1 and 18 anticipated by Droege                        
                      (Answer 2).                                                                           
                 [29] The Examiner also found that gelation and pyrolysis times and                         
                      temperatures were result effective variables (Answer 2; Rejection 4).                 
                 [30] The Examiner concluded that it would have been obvious to one of                      
                      ordinary skill in the art to use a gelation temperature slightly higher               
                      than the 20 to 70o C range taught by Droege, e.g., 80o C as recited in                
                      claim 4, in order to allow for a shorter gelation time (Answer 2;                     
                      Rejection 4).                                                                         
                                                                                                            
               3 We refer to the Office action mailed 20 July 2004 ("Rejection") cited in the               
               Answer.                                                                                      

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