Ex parte AFEYAN et al. - Page 3


                Appeal No. 1997-2373                                                                          
                Application No. 08/333,880                                                                    

                                   detector means in communication with said column for                       
                             detecting output; and                                                            
                                   control means for operating said multiport valves to switch                
                             between                                                                          
                                          a collection line comprising said sample feed line,                 
                                   wherein plural sample volumes are introduced into said                     
                                   sample loops and                                                           
                                          a detection line comprising said chromatography                     
                                   column, wherein one sample volume is passed directly                       
                                   through said detector means and another is passed through                  
                                   said column and said detector means.                                       

                      The examiner relies on the following references:                                        
                      Mowery Jr.                4,271,697          Jun. 09, 1981                              
                      Cazer et al. (Cazer)      5,071,547          Dec. 10, 1991                              
                      Afeyan et al. (Afeyan), “Perfusion Chromatography, An Approach to                       
                Purifying Biomolecules,”  Bio/Technology, Vol. 8, pp. 203-206 (1990)                          

                      Claims 1, 2, 4, 5, 19, 20, and 22-28 stand rejected under 35 U.S.C. § 103               
                as obvious over the combined disclosures of Cazer and Afeyan.                                 
                      Claims 29-32 stand rejected under 35 U.S.C. § 103 as obvious over the                   
                combined disclosures of Mowery and Afeyan.                                                    
                      We reverse.                                                                             
                                                 Discussion                                                   
                      The claims are directed to a chromatographic apparatus having, inter alia,              
                a chromatography column comprising “a particulate chromatography material                     
                comprising perfusive particles,” together with the other features set out in                  
                representative claims 1 and 29.  The examiner rejected claims 1, 2, 4, 5, 19, 20,             
                and 22-28 as obvious over Cazer and Afeyan, and rejected claims 29-32 as                      


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