Ex Parte 5518625 et al - Page 8

                Appeal  2007-0711                                                                              
                Reexamination 90/006,706                                                                       
                      optical isomers from the extract and/or raffinate thus obtained with a                   
                      simulated moving bed system such that the inlets and the outlets are                     
                      intermittently and successively moved in the direction of liquid flow                    
                      in the bed.                                                                              
                      Negawa (patented July 18, 1995) claims to be first to employ a                           
                simulated moving bed system to separate optical isomers (Negawa, col. 3, ll.                   
                20-27):                                                                                        
                             The simulated moving bed system per se is well known as                           
                      described . . . .  However, the simulated moving bed system has                          
                      heretofore been employed only for the production of fructose,                            
                      separation of maltose and recovery of co-enzymes and no process has                      
                      been described at all for separating optical isomers by this system.                     
                      Negawa suggests that the optical isomers of various types of                             
                medicines can be separated using the simulated moving bed processes                            
                (Negawa, col. 4, ll. 32-34).  With regard to the solvents useful as the eluent,                
                i.e., the achiral liquid mobile phase composition, in simulated moving bed                     
                processes for separation of optical isomers, Negawa teaches (Negawa, col. 4,                   
                ll. 22-28; emphasis added):                                                                    
                             The eluents to be fed through the inlet for an eluent include, for                
                      example, organic solvents such as alcohols, e.g. methanol, ethanol and                   
                      isopropanol, hydrocarbons, e.g., hexane, and aqueous salt solutions                      
                      such as aqueous copper sulfate solution and aqueous perchlorate                          
                      solution.  The eluent is suitably selected depending on the kind of                      
                      compounds to be optically resolved.                                                      
                Negawa provides several examples of simulated moving bed processes for                         
                separating optically active isomers all of which employ mixtures of                            
                isopropanol and hexane as the eluent:                                                          
                      … 1,3-butanediol diacetate…was fed as a liquid containing an optical                     
                      isomer mixture. …  [A] liquid mixture of hexane and isopropanol                          

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