Appeal No. 95-0073
Application 07/896,154
consider "the closest prior art." See Zupancic et al. ('953),
Table 8 bridging columns 21 and 22, penultimate example where the
permeate contains 98.9% dextrose. Although 98.9% is very close
to 99%, nevertheless, the examiner has not established that
Zupancic et al. ('953) or Zupancic ('122) discloses or suggests a
nanofilter or a process which requires the step of nanofiltering.
Therefore, the combined disclosures of the prior art references
would not have led a person having ordinary skill to the claimed
invention.
The examiner's decision is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
)
WILLIAM F. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
ELIZABETH C. WEIMAR )
Administrative Patent Judge )
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