Ex parte BINDER et al. - Page 4




          Appeal No. 95-0073                                                          
          Application 07/896,154                                                      


          consisting of di-saccharides, trisaccharides and mixtures                   
          thereof; and (2) recovering as the permeate a second dextrose               
          composition containing a solids content of at least 99% dextrose.           
               The examiner acknowledges that Zupancic et al. ('953) and              
          Zupancic ('122) disclose, in relevant part, ultrafiltration but             
          not nanofiltration.  According to the examiner, however, "it                
          would appear that the terms have the same meaning."  The examiner           
          argues that it is unclear whether "nanofiltering" distinguishes             
          over the prior art "or recites a concrete limitation;" and that             
          it makes no difference whether the filtration process is                    
          "designated" nanofiltration or ultrafiltration.  See the                    
          Examiner's Answer, page 7, first full paragraph, and page 12,               
          first paragraph.  We disagree.  For reasons already spelled out             
          in this opinion, we find that "nanofiltration" is an art-                   
          recognized term understood by persons skilled in the art.                   
          Appellants' usage in the specification and claims is consistent             
          with the art-recognized meaning of "nanofiltration" in the                  
          scientific literature, and serves to distinguish over related               
          membrane separation processes such as ultrafiltration.                      
               Zupancic et al. ('953) and Zupancic ('122) disclose many               
          working examples, illustrating the preparation of dextrose                  
          compositions having a solids content far less than 99% dextrose.            
          Zupancic et al. ('953), however, discloses one example which we             

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