Appeal No. 1997-3811 Page 5
Application No. 08/357,845
Rejections under 35 U.S.C. § 102
The examiner has the initial burden of establishing a
prima facie case of anticipation by pointing out where all of
the claim limitations are described in a single reference.
See In re
Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir.
1990);
In re King, 801 F.2d 1324, 1327, 231 USPQ 136, 138-39 (Fed.
Cir. 1986). This the examiner has not done.
All of the claims on appeal require a method of
separating a specified quantity of the (+) and (-) enantiomers
of a racemic compound mixture from each other using high-speed
countercurrent
chromatography. The method of claim 1, the sole independent
claim on appeal, includes the following steps:
(a) adding a chiral selector to a first liquid
phase of two pre-equilibrated immiscible liquid
phases and charging a countercurrent chromatographic
centrifuge column with said first liquid phase;
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