Appeal No. 1997-3813
Application No. 08/371,205
size of 2 to 10 microns.” (Examiner’s answer, page 4.)
Nevertheless, based on the combined teachings of the prior art
references, the examiner concludes as follows:
It would have been obvious that Kawasaki (Eur. J.
Biochem. 157, 291-295 (June 2, 1986))’s pore sizes
are within the disclosed range of page 5, lines 5-10
of the instant specification because Kirkland (U.S.
Patent No. 3,505,785) (column 4, lines 67-68 and
column 6, lines 44-45) discloses the pore size is
determined by the microparticle size and the pore
size is .1 to 1 times the microparticle size. It
would have been obvious to use particles of two
microns in Kawasaki (Eur. J. Biochem. 157, 291-295
(June 2, 1986)) because Kirkland (U.S. Patent No.
3,505,785) (column 4, lines 67-69) discloses that it
is well known to have 1 micron particles and that
larger particles are preferred where rapid diffusion
is needed. The obviousness is enhanced because page
5, lines 5-10 of the instant specification appears
to admit that use of particles of 0.1 to 10 microns
are within the same inventive concept. [Id. at pp.
4-5.]
We are in substantial agreement with the appellants’
analysis. (Appeal brief, pages 13-18.) In particular,
Kawasaki does not teach any micro-crystal particle size other
than “diameters of the order of 0.1 Fm.” (Column 1, page
291.) To account for this difference, the examiner relies on
Kirkland. However, Kirkland teaches:
The particle sizes of the coating microparticles
will vary greatly depending on the nature of the
particles and their eventual chromatographic
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