Appeal No. 1997-1738
Application No. 08/255,040
comment that "[s]upercritical pertains to the fluid state of
the fluid to be chromatographed and not to the structure of
the column", (answer, page 6) we find that the column in
Saxena is combined with additional unique supercritical fluid
chromatographic components.
Lee explains that supercritical fluid chromatographic
components include pressure-controlled pumping and other
apparatus necessary to perform supercritical fluid
chromatographic operations (Lee, page 145).
The examiner has not explained where the "supercritical
fluid chromatograph" (which includes apparatus necessary to
perform supercritical fluid chromatographic operations) are
taught in Saxena. Accordingly, since the teachings and
suggestions found in Saxena neither anticipated nor made the
subject matter as a whole of claim 11 on appeal obvious to one
of ordinary skill in the art at the time of appellants'
invention, we must refuse to sustain the examiner's rejection
of claim 11 under under 35 U.S.C. § 102(b), or, alternatively,
under 35 U.S.C. § 103.
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