Ex parte SHIVELY - Page 15




          Appeal No. 93-3623                                         Page 15           
          Application 07/629,690                                                       
          meets at least the second, alternative, basis for finding                    
          analogousness.  In re Deminski, 796 F.2d 436, 442, 230 USPQ 313,             
          315 (Fed. Cir. 1986).  On balance, we find Appellant's conclusory            
          statement to be unpersuasive.                                                


               Teachings of the art as a whole                                         
               42. We find that Urdea alone or in view of Hrdina or                    
          Johnson would have taught a person having ordinary skill in the              
          art the use of peptide-coated discrete particles, preferably made            
          of silica, as the solid-phase support in a reactor.                          
          D.   Longitudinal, hydrophobic membrane                                      
               43. Claim 9 (the second contested embodiment, Fig. 10)                  
          requires                                                                     
               at least one strip of hydrophobic membrane bearing a                    
               peptide sample, said strip being positioned in said                     
               cylindrical reaction chamber with its longitudinal axis                 
               substantially parallel to the longitudinal axis of said                 
               chamber.                                                                
               44. Hood is directed to an apparatus for the sequential                 
          degradation of peptides.  (1:11-16.)  It teaches the use of a                
          solid matrix to support the sample.  (7:16-26.)  The matrix may              
          be a thin film on the walls of the reaction chamber (Fig. 18A) or            
          a porous sheet mounted transversely across the chamber (Fig. 6A).            
          (7:27-33.)                                                                   









Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007