Appeal No. 94-4081
Application 07/750,031
remaining in this application.2
The present invention, according to appellants, is a method
for indirectly detecting constituent components of a mixture
separated in a separation process by first preparing a generally
uniform fluorescing background, then causing separation of the
ionic constituent components and observing the variations in
fluorescence intensity of the relevant area (specification, page
5, and the main brief, pages 11-13).
As noted by appellants on page 17 of the main brief, the set
of claims directed to a method are grouped together and thus
stand or fall together in regards to the section 103 rejection. 3
The subject matter on appeal is adequately illustrated by
independent claim 42 and dependent claim 46, reproduced below:
42. A method for detection of certain components of a
mixture of charged components in a separation process comprising:
creating a buffer solution containing a
concentration of flourophore [sic, fluorophore] including
fluorescing charged components;
2 The final rejections of claims 30 and 37-46 were originally appealed.
However, the amendment dated Dec. 3, 1993 (Paper No. 23), submitted with the
reply brief of the same date (Paper No. 22), cancelled claims 30 and 37-41. The
supplemental answer dated Feb. 18, 1994 (Paper No. 24) stated that this amendment
was entered, thus leaving claims 42-46 as the only claims on appeal.
3 The only other rejection involves just one claim (claim 46). See 37
CFR § 1.192(c)(5)(1992).
2
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