Ex Parte VOUTE et al - Page 1






                                       The opinion in support of the decision being entered                                          
                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                                                   Ex parte NICOLAS VOUTE,                                                           
                                           EGISTO BOSCHETTI and PIERRE GIROT                                                         
                                                         ______________                                                              
                                                      Appeal No. 2005-0209                                                           
                                                      Application 09/274,014                                                         
                                                        _______________                                                              
                                                      HEARD: May 18, 2005                                                            
                                                        _______________                                                              
               Before GARRIS, WARREN and JEFFREY T. SMITH, Administrative Patent Judges.                                             
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1 through 22 and 59 through 63.  Claims 23 through 58 and 66 through 66 are                          
               also of record and have been withdrawn from consideration by the examiner under 37 CFR                                
               § 1.142(b).                                                                                                           
                       Claims 1, 2, 7 and 11 illustrate appellants’ invention of a dense mineral oxide solid                         
               support for purification of biological macromolecules (specification, e.g., page 1), and are                          
               representative of the claims on appeal:                                                                               
                       1.  Dense mineral oxide solid supports comprising:                                                            
                       (a)  a mineral oxide matrix having an external surface and pores, wherein the pores have                      
               a pore volume which is less than 30% of the total volume of the mineral oxide matrix, and                             


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