Ex parte KRONE-SCHMIDT - Page 8

          Appeal No. 95-0339                                                          
          Application 07/881,941                                                      

          use of an attenuated total reflectance plate.  Moreover, it                 
          appears that the teaching by Burgess that “prolonged contact                
          with a reaction volume may foul the first surface of the                    
          waveguide [i.e., attenuated total reflectance plate] and                    
          seriously impair the usefulness of the spectroscopic device”                
          (col. 13, lines 48-51) would have discouraged one of ordinary               
          skill in the art from providing and using a means for separating            

          contaminants from a supercritical fluid and depositing them on              
          an attenuated total reflectance plate as required by appellant’s            
               The examiner argues that “Pujado et al employs supercritical           
          fluid to remove contaminants (hydrocarbons) from an aqueous                 
          stream and later separates the supercritical fluid from the                 
          contaminants in the same manner as appellant, by pressure                   
          release.  The method of separation is well-known in the art of              
          supercritical solvents and is certainly not novel” (answer, page            
               This argument is not well taken because the question is not            
          whether Pujado’s separation by pressure release is the same as              
          that of appellant, but whether the applied prior art would have             


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