Appeal No. 95-5074
Application No. 08/186,900
(I) claims 3 and 4 over Burow in view of Cheh;
(II) claims 6 and 8 over U.K. '897 in view of Burow;
(III) claims 7 and 9 over U.K. '897 in view of Burow and
Cheh.
Upon careful consideration of the opposing arguments
presented by appellants and the examiner, we will not sustain
the examiner's rejections.
We consider first the rejection of claim 2 under § 102
over Burow. Claim 2 requires that the first column "is
maintained at an elution temperature profile wherein the
temperature increases along the column length from the inlet
to the outlet." The examiner states "[a]ny column which has
its temperature increased from its inlet end to its outlet end
has a temperature which increases along the column length from
its inlet to the outlet end because such column is initially
at ambient temperature along its length and the flow of the
gaseous component will cause such a temperature profile to
occur" (sentence bridging pages 4 and 5 of Answer).
While the examiner's statement may be true, Burow does
not describe such a column within the meaning of § 102. Burow
expressly teaches that "[a] downward temperature gradient in
-4-
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