Ex Parte HERRMANN et al - Page 5




          Appeal No. 1997-3234                                                        
          Application 08/040,671                                                      


               Regarding claims 25 and 28, appellants acknowledge, as                 
          discussed above, that polymeric supports having a pore volume               
          of 75%, based upon the total volume of the support material, were           
          known in the art.  Also, the acknowledged prior art polymeric               
          supports have pore diameters in the 0.5-5 µm range and are made             
          of thermoplastic materials (specification, page 23, lines 28-30).           
               For the above reasons we conclude, based upon the                      
          preponderance of the evidence, that the inventions recited in               
          appellants’ claims 1, 25 and 28 would have been obvious to one of           
          ordinary skill in the art within the meaning of 35 U.S.C. § 103.            
                                      DECISION                                        
               The rejection of claims 1, 3-5, 8, 13, 14, 16-22, 24-26 and            
          28 under 35 U.S.C. § 103 over EP ‘312 is affirmed.                          















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