Appeal No. 1997-1738
Application No. 08/255,040
performance systems are "more expensive and pose a health
hazard" (col. 2, line 27). The objective stated in Saxena is
to "[P]rovide a chromatography system capable of high
performance while operating at relatively low pressures" (col.
2, lines 32-34). Thus, Saxena teaches a low pressure
chromatograph, not a supercritical fluid chromatograph.
The examiner suggests appellants' "specification is more
pertinent as to what is meant by the term 'supercritical fluid
chromatograph' than Lee" and points to the specification and
original claims 19 and 20 where "the only" structure given is
"a column packed with an adsorbent such as silica"
(supplemental answer, page 4).
We do not agree that "supercritical fluid chromatograph"
is limited by appellants to mean merely the column.
Appellants describe "a supercritical fluid chromatograph that
includes a columnƒ" (specification, page 4, line 31-33). The
term "includes" is open and not limited to just the column,
but embraces other necessary elements obvious to a person
having ordinary skill in the art. Despite the examiner's
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