Ex parte SHIVELY - Page 6




          Appeal No. 93-3623                                          Page 6           
          Application 07/629,690                                                       
               9.   Specifically, the examiner rejected:                               

                   Claims            in view of           Combination                  
           1-3, 6-8, and 21-25              Hrdina and Winter, Leaback, or             
                                            Hara                                       
           4 and 5                          Winter, Hrdina, Johnson,                   
                                            Leaback, Hara, and Hood                    
           9, 10, and 12-15                 Winter, Leaback, Hara, and                 
                                            Hood                                       
           11                               Winter, Leaback, Hara, Hood,               
                                            and Aebersold                              
           19 and 20                        Winter, Hrdina, and Hara                   
           1-8 and 21-25                    Urdea, admitted prior art, and             
                                            Winter, Hrdina, Leaback, or                
                                            Hara                                       
               10. The examiner has apparently withdrawn her rejection                 
          under 35 U.S.C. § 112 (Paper 16 at 2) in light of an after-final             
          amendment (Paper 19 at 1).  (Cf. Paper 21 (Ex. Ans.) at 2-3.)                
               11. Appellant argues the claims in the following groups:                
          I - 1-3, 6-8, 21-25 (first embodiment); II - 4 and 5 (dependent              
          from the first embodiment); III - 9-15 (second embodiment); and              
          IV - 19 and 20 (third embodiment).  (Paper 18 at 6.)                         


                                   FINDINGS OF FACT                                    
          A.   Protein sequencing                                                      
               1.   Claim 1 requires                                                   
          A continuous flow reactor including a first tube for passing                 
          reactive fluids and solvents from a peptide sequenator into a                
          reaction chamber . . . and a second tube for removal of solvents             
          and reaction products from the reaction chamber which comprises:             






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