Ex parte A. SAID EL SHAMI et al. - Page 11

          Appeal No. 93-3369                                                          
          Application 07/344,179                                                      

               The analysis of obviousness has been established since the             
          decision in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459              
          (1966).  This analysis requires acknowledgment of the differences           
          between the prior art and the claims at issue.  The differences             
          from the prior art in this instance begin with the requirement in           
          the claims of a column and sleeve type assembly each of which               
          column and sleeve contains a solid phase support, with the column           
          fitting into the sleeve such that the column discharge point is             
          in proximity to the solid support in the sleeve.  None of the               
          references provide all of these elements.  Substantially                    
          modifying the devices of the references is not suggested by the             
          references themselves, nor have sufficient reasons been presented           
          to explain why one of ordinary skill in the art would have made             
          such changes to the prior art devices.                                      
               With regard to the lack of a teaching of a solid support in            
          the sleeve, the Examiner states that the interior of the various            
          tubes referred to in Diamond, Diekmann and Graas is analogous to            
          a solid phase support in a sleeve, because one can detect visible           
          color in both.  The capacity to detect visible color inside a               
          tube does not constitute a reason why one would modify a tube by            
          inserting a solid phase support into the tube.  The mere fact               
          that they can operate to give a similar result does not establish           


Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007