Ex Parte BERG - Page 2



              Appeal No. 2002-0456                                                                   Page 2                 
              Application No. 09/155,995                                                                                    
                     11.  A porous, cross-linked polysaccharide gel obtainable by the following steps:                      
                     a) preparing a solution or dispersion of the polysaccharide,                                           
                     b) adding a bifunctional cross-linking agent having one active site and one                            
              inactive site to the solution or dispersion from step a),                                                     
                     c) reacting hydroxylgroups of the polysaccharide with the active site of the cross-                    
              linking agent,                                                                                                
                     d) forming a polysaccharide gel,                                                                       
                     e) activating the inactive site of the cross-linking agent,                                            
                     f) reacting the activated site from step e) with hydroxylgroups of the                                 
              polysaccharide gel, whereby cross-linking of the gel takes place.                                             
                     Claims 1-20 stand rejected under 35 U.S.C. § 103 as unpatentable over                                  
              Lindgren1 alone, and over Lindgren “in view of appellant’s own admissions.”  Examiner’s                       
              answer, pages 3-6.                                                                                            
                     We reverse both of these rejections.                                                                   
                                                     BACKGROUND                                                             
                     “Gel matrices of polysaccharides have long been used as separation media . . .                         
              [in] chromatographic separation methods.”  Specification, page 1.  As further explained                       
              in the specification (pages 1-2):                                                                             
                     Generally, chromatographic separations are carried out in columns                                      
                     packed with the separation matrix in [the] form of particulate beads.                                  
                     Separation media of a fast kinetics with rapid flow rates results in a high                            
                     productivity and may be achieved by a reduction in the particle size.                                  
                     However, small beads result in a higher back pressure due to the                                       
                     narrowing of the convective flow channels between the particles in a                                   
                     packed bed.  To be able to separate large molecules the particles should                               
                     have large pores, but large pores may result in a weakened structure of                                
                     the particles.  As the polysaccharides are soft materials the particles may                            
                     easily collapse, especially at high flow rates . . . It is well known to                               
                     increase the stability of polysaccharide particles by cross-linking the                                
                     polymer . . . [stabilizing] the polysaccharide gel matrices by chemically                              
                     binding the polymer chains with each other at their respective free                                    
                     hydroxyl groups.  The cross-linking takes place between the hydroxyl and                               
                     the functional groups of the cross-linkers.  This affects the particle rigidity,                       
                     but to a lesser extent or not at all the size of the pores . . .                                       


                     1 U.S. Patent No. 4,973,683 to Lindgen, issued November 27, 1990.                                      



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