Ex Parte Nussbaumer et al - Page 2

               Appeal 2007-3196                                                                             
               Application 10/461,774                                                                       

                      Claim 1 illustrates Appellants’ invention of a process for the                        
               adsorption separation of substances in liquid media, and is representative of                
               the claims on appeal:                                                                        
                      1.  A process for the adsorption separation of substances in liquid                   
               media, comprising the steps:                                                                 
                      (a)  providing an adsorber having a flat absorbent (5) which is                       
               disposed fixed in position in housing (3) and has at least one adsorbing                     
               surface which is designed for binding an adsorbate, the housing (3) having at                
               least one intake (1) and only one outlet (2) for liquid medium,                              
                      (b)  equilibrating the adsorbent (5) with a liquid medium and                         
                      (c)  contacting the flat adsorbent (5) in the housing (3) with the liquid             
               medium which comprises at least one adsorbate by applying a pressure                         
               difference between intake (1) and outlet (2), the at least one adsorbate-                    
               containing medium flowing only tangentially over the entire outer adsorbing                  
               surface of the adsorbent (5).                                                                
                      The Examiner relies on the evidence in this reference:                                
               Nussbaumer    US 6,294,090 B1          Sep. 25, 2001                                         
                      Appellants request review of the grounds of rejection advanced on                     
               appeal (Br. 4):  claims 1 through 25 under 35 U.S.C. § 112, first paragraph,                 
               as failing to comply with the written description requirement (Answer 5);                    
               and claims 1 through 14, 16, and 18 through 25 under 35 U.S.C. § 102(e) as                   
               anticipated by Nussbaumer (id. 7).                                                           
                      Appellants argue the claims in each ground of rejection as a group                    
               (Br. in entirety).  Thus, we decide this appeal based on claim 1.  37 C.F.R.                 
               § 41.37(c)(1)(vii) (2006).                                                                   
                      The issues in this appeal are whether the Examiner has carried the                    
               burden of establishing a prima facie case in each of the grounds of rejection                
               advanced on appeal.                                                                          


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