Ex parte VASSAROTTI - Page 2




          Appeal No. 1998-2581                                                        
          Application No. 08/472,965                                                  


          examiner, and claims 4, 7, 12 and 15, indicated as allowable by             
          the examiner (Final Rejection dated Aug. 9, 1996, Paper No. 7,              
          page 4).  Claims 4, 7, 9, 10, 12 and 15 form no part of this                
          appeal (Brief, page 1).                                                     
               According to appellant, the invention is directed to a                 
          device for removing or replacing solvent in a liquid sample                 
          containing macromolecules, wherein the improvement includes the             
          provision of an auxiliary reservoir in gas-tight or liquid-tight            
          relationship to the concentration chamber during the operation              
          of the device resulting in hydrostatic pressure in the                      
          concentration chamber which advantageously accelerates the                  
          concentration procedure (Brief, pages 3-6).  A copy of                      
          illustrative independent claims 1 and 2 is attached as an                   
          Appendix to this decision.                                                  
               The examiner relies upon Zipilivan et al. (Zipilivan), U.S.            
          Patent No. 3,817,379, issued June 18, 1974, as support for the              
          rejections on appeal.  Accordingly, claims 1-3, 6 and 14 stand              
          rejected under 35 U.S.C. § 102(b) as anticipated by Zipilivan               
          (Supplemental Answer, page 3).  Claims 3, 5, 8, 11, 13 and 16               
          stand rejected under 35 U.S.C. § 103 as unpatentable over                   


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