Appeal No. 96-3854
Application No. 08/027,872
used for separations involving material less than .001 micron
in size (page 2), we regard the claim language "reverse
osmosis membrane" as requiring the membrane in question to
have the ability to separate out materials less than .001
microns in size. Accordingly, although Madden discloses (col.
3, lines 33-38) that the filter membrane thereof may be made
of one of the same materials appellants use in making the
claimed reverse osmosis membrane, i.e., cellulose acetate, we
do not consider Madden’s filter membrane to be a "reverse
osmosis membrane," as called for in the claims, because
Madden’s filter membrane is only designed "to filter out
particulate contaminants of a size equal to or greater than ½
micron" (col. 3, lines 33-38). Third, there is simply no
teaching in Madden that the filter membrane should be
constructed so as to be capable of functioning as a "reverse
osmosis membrane." For these reasons, we do not agree with
the examiner’s assertion that Madden would have been
suggestive of the invention defined by appellants’ claim 1.
Accordingly, the rejection of independent claims 1, and
claim 5 dependent thereon, under 35 U.S.C. § 103 as being
unpatentable over Madden will not be sustained.
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