Ex parte CHEH et al. - Page 5




          Appeal No. 95-5074                                                           
          Application No. 08/186,900                                                   


          the direction of flow will exist at least in column 32 by                    
          virtue of the transfer of heat from the preheated carrier gas                
          to the column packing during passage therethrough, and                       
          possibly in one or more subsequent columns" (column 6, lines                 
          18-22, emphasis added).  Burow further discloses that the                    
          establishment of the temperature gradient in the first                       
          separating zone is important (column 6, lines 22-24).  In                    
          addition, Burow explains that:                                               
               The temperature gradient functions to distribute the                    
               sample over a relatively large portion of the column                    
               by virtue of the fact that the gradual drop in                          
               temperature encountered by the sample components as                     
               they advance through the column slows the rate of                       
               advance of the heavier components much more greatly                     
               than the lighter components.  [Column 6, lines 38-                      
               44].                                                                    
          Based on these referenced disclosures, we cannot agree with                  
          the examiner that Burow anticipates claim 2.  While the                      
          examiner invites attention to Burow at column 2, lines 3-39,                 
          the disclosed reference to gradually increasing the                          
          temperature of the separating zone, when read in context of                  
          the entirety of Burow, is properly understood as a gradual                   
          increase in the absolute temperature of the zone wherein a                   
          downward temperature gradient exists in the direction of the                 
          flow.  In other words, when the variable rheostats 58, 60, 62                
                                         -5-                                           




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