Appeal No. 2000-0132
Application No. 08/934,791
glass beads, as a support for the cellulose derivative separating
agent described in Hagel, with a reasonable expectation of
successfully improving purification levels and flow rates in
chromatographic separation. Hence, we conclude that the examiner
has established a prima facie case of obviousness regarding the
subject matter of claims 21 and 23.
The examiner mistakenly believes that Hagel does not teach
the particle size recited in claims 24, 44, and 45. Thus, the
examiner further relies on Determann, in addition to the combined
disclosures of Hagel and Mikes, for such a teaching. The
disclosures of Hagel and Mikes are discussed above. As indicated
supra, Hagel teaches the claimed particle size. Moreover, we
find that Determann teaches that regenerated cellulose particles
having sizes in the range of 0.01 to 1 millimeter can be used as
a sorbent in chromatography separation. See column 1, lines 35-
71. From this teaching, one of ordinary skill in the art can
infer that the sorbent particles employed in chromatography
separation can be in the range of 0.01 to 1 millimeter. This is
especially true since one of ordinary skill in the art is aware
that polysaccharides inclusive of cellulose and regenerated
cellulose sorbents are known to be used interchangeably in
chromatographic separation. See, e.g., Ayers, abstract. Hence,
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