Appeal 2007-3414
Application 10/194,032
II. DISCUSSION
Anticipation by Zhen
The Examiner finds that Zhen describes “pore free” particles of
lithium ferrite. According to the Examiner, “[a]s shown from the TEM
micrograph, Fig. 1, the primary particles [of Zehn] are essentially ‘pore
free’.” (Answer 4). Appellants point out that the TEM micrograph shown in
Figure 1 is a micrograph, not of lithium ferrite, but of a zirconia compound
(Br. 4). Appellants contend that Zhen does not teach each and every
limitation of the claims either expressly or inherently (Br. 4 and 5).
The issue is: Has the Examiner provided a reasonable basis to believe
that Zhen describes a material with lithium ferrite pore free primary
particles? We answer this question in the negative.
Zhen describes a process of forming nano-particles using the poly-
foam process (Zhen, p. 426). According to Zhen, the poly-foam process can
be used to prepare a wide range of ceramic powders of single metal oxides
or mixed metal oxides. In an example, Zhen describes forming stabilized
zirconia with a BET surface area of 96 m2/g with a particle size of about 20
nm as determined by examining the powder with a Transmission Electron
Microscope (TEM), the TEM photograph being shown in Figure 1. Zhen
further describes other examples including an example of forming zirconia
particles using different solvents, an alumina example, and an oxide catalyst
example. Under the heading “Other Oxide Ceramics,” Zhen lists lithium
ferrite as another ceramic that can be formed using the poly-foam process.
However, Zhen does not provide any details with regard to the properties of
any particulate lithium ferrite made by the process.
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