Appeal No. 95-4448
Application 08/070,434
allow claims 1-5, the only claims remaining in the application. We affirm-in-part.
The Claimed Subject Matter
The claimed subject matter is directed to an optical isomer separating agent comprising conalbumin
bonded to a support. On page 2 of the brief, appellants state that all of the claims “stand or fall together.”
Accordingly, we will treat the claims as standing or falling with claims 1 and 3 which read as follows:
1. An optical isomer separating agent characterized by being composed of a
stationary phase comprising a support and conalbumin bonded thereto.
3. An optical isomer separating agent as set forth in Claim 1, wherein said
conalbumin is a chemically modified conalbumin.
The Prior Art References
The following prior art references are relied upon by the examiner in support of the rejections of
the claims for obviousness:
Hsu 4,980,065 Dec. 25, 1990
Miwa et al. (Miwa) 5,030,354 Jul. 9, 1991
Mikes’ Laboratory Handbook Of Chromatographic and Allied Methods (Mikes),
John Wiley and Sons, pages 402-203 (1979).
The Rejections
Claims 1-3 and 5 stand rejected under 35 U.S.C. § 103 as being unpatentable over Miwa in view
of Hsu.
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