Ex Parte OKAMOTO et al - Page 12




          Appeal No. 2000-0132                                                        
          Application No. 08/934,791                                                  

          error and a general statement that the errors arose without                 
          deceptive intent . . . . ”  Thus, we determine that the instant             
          reissue oaths or declarations meet the requirements of the new              
          rule for the reasons set forth by the appellants in their Brief.            
          Accordingly, we reverse this Section 251 rejection as well.                 
                       PRIOR ART REJECTIONS UNDER SECTION 103                         
               We turn next to the examiner’s rejection of claims                     
          21 through 23, 25, 44 and 46 under 35 U.S.C. § 103 as                       
          unpatentable over the combined disclosures of Hagel and Mikes.              
          We find that Hagel teaches using cellulose triphenyl carbamate as           
          a sorbent to determine its efficiency in a chromatographic                  
          system.  See pages 1 and 2.  We find that the claimed separating            
          agent embraces cellulose triphenyl carbamate.  See appellants’              
          claim 25.  We find that Hagel teaches that the cellulose                    
          triphenyl carbamate is superior in terms of separating certain              
          components than amorphous cellulose triacetate.  See page 2.  We            
          find that this superior sorbent is in the form of particles,                
          i.e., sieve fractions 90-56 micrometers.6  See page 1.  We find             
          that these particles (sieve fractions) necessarily include beads            
          since they are produced in a similar manner as that (filtering)             

               6 In the event of further prosecution, the examiner should             
          include claim 24 in this rejection as Hagel fully describes the             
          particle size recited in claim 24.                                          
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