Ex Parte IKEDA - Page 7




             Appeal No. 2001-0163                                                                                    
             Application No. 08/951,502                                                                              

                     Yamashita describes a process of separating an optical isomer.  The process                     
              employs a simulated moving bed system.  The packed bed of the simulated moving                         
              bed system contains a silica gel having carried thereon an optically active high-                      
              molecular compound or a low-molecular compound.  (Col. 2, ll. 20-33).                                  
                     Both Ikeda ‘852 and Ikeda ‘635 disclose preparative liquid chromatography                       
              which contains polysaccharide derivatives in the stationary phase.  The polysaccharide                 
              derivatives are disclosed to have a separation coefficient greater than that of                        
              polysaccharide derivatives supported on silica gel.  (Ikeda ‘635, p. 2; and Ikeda ‘852,                
              cols. 1 and 3).                                                                                        
                     Appellant argue, Brief, pages 11-12, that there is a significant pressure                       
              difference between a simulated moving bed multicolumn chromatography and a single                      
              column (stationary phase) liquid chromatography.  In support of their position,                        
              Appellant cite the Okamoto, Negawa and Nagamatsu references.  Thus, the Appellant                      
              assert that a person of ordinary skill in the art would not look to references that                    
              describe single column (stationary phase) liquid chromatography (low pressure                          
              system), i.e., Ikeda ‘852 and Ikeda ‘635, to determine suitable packing materials for a                
              simulated moving bed multicolumn chromatography process (high pressure system).                        
              (Brief, p. 13).                                                                                        


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