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Ex parte BINDER et al. - Page 5

Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte BINDER et al. - Page 5

          Appeal No. 95-0073                                                          
          Application 07/896,154                                                      


          consider "the closest prior art."  See Zupancic et al. ('953),              
          Table 8 bridging columns 21 and 22, penultimate example where the           
          permeate contains 98.9% dextrose.  Although 98.9% is very close             
          to 99%, nevertheless, the examiner has not established that                 
          Zupancic et al. ('953) or Zupancic ('122) discloses or suggests a           
          nanofilter or a process which requires the step of nanofiltering.           
          Therefore, the combined disclosures of the prior art references             
          would not have led a person having ordinary skill to the claimed            
          invention.                                                                  
               The examiner's decision is reversed.                                   
                                      REVERSED                                        


                         SHERMAN D. WINTERS            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         WILLIAM F. SMITH              ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         ELIZABETH C. WEIMAR           )                              
                         Administrative Patent Judge   )                              








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