Ex parte SHIVELY - Page 14




          Appeal No. 93-3623                                         Page 14           
          Application 07/629,690                                                       
          comprise peptide coated porous silica objects."  (Emphasis                   
          added.)                                                                      
               Hrdina                                                                  
               38. Hrdina teaches the use of porous, inert particles for               
          packing the reactor of an amino acid analyzer.  (2:27-35.)                   
               Urdea                                                                   
               39. Urdea teaches the use of solid-phase supports for                   
          polypeptides in the reaction chamber, specifically beads or                  
          particles.  Such supports should be porous and chemically inert.             
          Urdea specifically teaches the use of silica beads (e.g.,                    
          Fractosil ) as the preferred support.  (4:60-5:9.)®                                                                   
               Johnson                                                                 
               40. Alternatively, we further note the teachings of, e.g.,              
          Johnson that discrete, amorphous silica microparticles are a                 
          conventional support for peptides.  (6:43-7:2.)  Johnson also                
          teaches coating the silica particulate substrate with protein.               
          (7:28-39.)  We recognize that Johnson is not directed to a                   
          peptide sequencing per se, but it is directed to selective                   
          binding and elution in a continuous-flow reactor and is thus                 
          sufficiently related to the problem facing the inventor to be                
          instructive to a person having ordinary skill in the art.                    
               41. We find that Appellant provides no basis for us to                  
          evaluate his declaration that Johnson is not analogous.  (Decl. I            
          at ¶ 12(ii).)  As explained in the preceding paragraph, Johnson              






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