Ex parte KLEE et al. - Page 2




          Appeal No. 1997-1738                                                        
          Application No. 08/255,040                                                  





                                     BACKGROUND                                       
               The appellants’ invention relates to an apparatus for                  
          separating and quantifying classes of hydrocarbons in a                     
          sample.  A copy of the claims under appeal is set forth in the              
          appendix to the appellants’ brief.                                          


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Lauer et al. (Lauer)          3,686,117      August 22, 1972                
          Saxena                        4,840,730      June 20, 1989                  
          Nickerson et al. (Nickerson) 5,009,778       April 23, 1991                 
          Snyder, Introduction to Modern Liquid Chromatography, John                  
          Wiley and Sons, 1979, pages 204-206                                         

               The following rejections are before us for review.                     
               Claim 11 stands rejected under 35 U.S.C. § 102(b) as                   
          being anticipated by Saxena, or, alternatively, under 35                    
          U.S.C. § 103 as being unpatentable over Saxena.                             


               Claims 11, 13 and 18-19 stand rejected under 35 U.S.C. §               
          103 as being unpatentable over Saxena in view of Nickerson.                 
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