Appeal 2007-1938
Application 10/050,437
D. Lu
[38] According to Lu, SiO2 aerogels with densities of about 150 kg/m3
have pore sizes < 100 nm (Lu 581, col. 1, ¶ 1).
E. Tajiri
[39] Tajiri discussed the effects of supercritical drying media on the
structure and properties of silica aerogels and "concluded that the
supercritical drying medium affects the aerogel structure" (Tajiri 86,
col. 2, ¶ 2).
[40] According to Tajiri, pore sizes less than 10 nm were obtained with
methanol and 2-propanol-dried aerogels (Tajiri 85, col. 2, ¶ 1).
[41] Table 1 of Tajiri lists specific critical temperature and pressure
parameters for methanol, ethanol, 2-propanol and carbon dioxide
drying medium (Tajiri 84).
Other findings of fact follow below.
III. Anticipation and Obviousness Rejections Based on Droege
Anticipation requires disclosure of each and every claim limitation in
a single prior art reference, either explicitly or inherently. MEHL/Biophile
Int'l Corp. v. Milgraum, 192 F.3d 1362, 1365, 52 USPQ2d 1303, 1305 (Fed.
Cir. 1999). It is well settled that "anticipation is the epitome of
obviousness." Cornell v. Sears Roebuck & Co., 722 F.2d 1542, 1548, 220
USPQ 193, 198 (Fed. Cir. 1983) (quoting In re Fracalossi, 681 F.2d 792,
794, 215 USPQ 569, 571 (CCPA 1982)).
The Examiner found that Droege teaches the same method of forming
an aerogel/carbon substrate composite as claimed by Appellant (Answer 2;
Rejection 3-4). The Examiner also found "[i]t is expected that any method
of drying will reduce the surface tensile forces to some degree" (Answer 3).
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