Ex Parte Berggren et al - Page 2

                   Appeal 2006-2238                                                                                               
                   Application 10/168,709                                                                                         

                   cross-linking (Br. 2-3).  Independent claim 1 is illustrative of the invention                                 
                   and is reproduced below:                                                                                       
                          1.  A method for the production of a cross-linked support matrix in                                     
                          form of a porous monolith or particles that packed to a                                                 
                          chromatographic bed will permit liquid flow velocities above 5 cm/h,                                    
                          preferably above 50 cm/h, to pass through the bed for at least 1 hour,                                  
                          comprising the steps of:                                                                                
                          (a) providing a starting support matrix that has pendent unsaturated                                    
                          groups, and                                                                                             
                          (b) subjecting said starting support matrix to electron beam or gamma-                                  
                          ray irradiation to effect crosslinking.                                                                 
                          The Examiner has relied on the following references as evidence of                                      
                   unpatentability:                                                                                               
                          Berendee                   SU 1033181          Aug. 7, 1983                                             
                          (published Russian Inventor’s Certificate)1                                                             
                          Park                        WO 96/03147          Feb. 8, 1996                                           
                          (published International Patent Application)                                                            
                          Claims 1-2, 6-7, 9-10, 14-15, and 17-19 stand rejected under                                            
                   35 U.S.C. § 102(b) as anticipated by Park (Answer 3).  Claims 1-2, 4-6, 8,                                     
                   10, 12-13, and 16 stand rejected under § 102(b) as anticipated by Berendee                                     
                   (Answer 4).  Claims 3 and 11 stand rejected under 35 U.S.C. § 103(a) as                                        
                   unpatentable over Park (Answer 5).  Based on the totality of the record, we                                    
                   AFFIRM the rejections on appeal based on Park essentially for the reasons                                      
                                                                                                                                 
                   1 We rely upon and cite from a full English translation of this document,                                      
                   previously made of record.  We note that Appellants and the Examiner                                           
                   denominate this document as “Berendee” although the first named inventor                                       
                   is “Zibarev” (Translation 1).  For purposes of this appeal, we will refer to                                   
                   this document as “Berendee.”                                                                                   
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