Appeal No. 1997-3813
Application No. 08/371,205
application. Broadly, particle sizes in the range
of from 5 millimicrons to 1 micron may be employed.
For convenience of preparing coatings of desired
thickness, microparticles in the range of 25-1000 mF
are preferred. For many purposes, a relatively
large pore size in the coating is desired to permit
rapid diffusion of components in chromatographic
processes. Since the size of the microparticles
determines the size of the pores, 100-1000 mF
particles are preferred in cases where rapid
diffusion is needed. [Underscoring added; col. 4,
ll. 58-69.]
Thus, in its broadest teaching, Kirkland does not describe the
use of microparticle sizes any larger than 1 micron. Although
Kirkland uses the term “preferred” to describe the 100-1000 mF
particle size range for applications where rapid diffusion is
needed, this preferred range must be read in context with the
broadest workable range of “5 millimicrons to 1 micron.”
Accordingly, even if Kawasaki is combined with Kirkland, one
of ordinary skill in the art would not have modified
Kawasaki’s materials to contain crystalline particles having
sizes any larger than 1 micron. This, of course, does not
result in the invention recited in appealed claim 62.
Therefore, the examiner has not established a prima facie case
of obviousness within the meaning of 35 U.S.C. § 103.
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