Ex Parte ECKER et al - Page 4



          Appeal No. 2000-0122                                                        
          Application No. 08/309,925                                                  

          Cody (id.).  Claims 50 and 58 stand rejected under 35 U.S.C. § 103          
          as unpatentable over Rosenthal taken with Khalil (id.).                     
             We affirm the rejections on appeal essentially for the reasons           
          stated in the Answer and those set forth below, with the exception          
          that we reverse the rejection of claims 50 and 58 for the reasons           
          which follow.                                                               
          OPINION                                                                     
             The examiner finds that Rosenthal teaches a chemical reaction            
          apparatus having a shaped body (4) having an array of reaction              
          wells, a porous reaction support (4.6) in said reaction wells, and          
          a collection plate (1.1) having a plurality of collection wells             
          (1.2)(Final Rejection, Paper No. 11, page 3).  From these findings,         
          the examiner states that Rosenthal discloses “all the structural            
          limitations of the instant claims.”  Id.  We agree.                         
             The chemical reaction assembly recited in claim 43 on appeal             
          requires a reaction support having a first and second surface and a         
          collection plate adjacent to the second surface having a plurality          
          of wells.  As found by the examiner supra, Rosenthal discloses a            
          collection plate (base block 1.1) having a plurality of collection          
          wells (reaction vessels 1.2) that is adjacent to the second surface         
          of a reaction support (carrier matrix 4.6).  See Figure 1b; Figure          
          2b; col. 3, l. 59-col. 4, l. 58; and Example 18 at cols. 10-11.             
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