Appeal No. 2004-0275
Application No. 09/09/318,186
teaches that silica has disadvantages, such as allowing for nonspecific
interactions between polar silanol groups and analyte enantiomers. Liu then
goes on to state that polymer bases overcome the disadvantages of a silica
base, thereby increasing the yield of a resolution. Since Liu discusses the
advantages of using a polymer base over a silica base for chiral molecule
selection, it provides a strong reason, suggestion or motivation to substitute a
polymer base for a silica base in chiral molecule resolution and selection.
Furthermore, appellants argue that Weingarten discloses a method of
preparing chiral resolution resins using a different procedure than the procedure
claimed in the invention. Brief, page 9.
Appellants argue that Weingarten is directed to a different type of
procedure altogether, and that one of ordinary skill in the art would not associate
it with Liu or Welch. Id. Appellants argue that the method of Weingarten is a
pool/split procedure, where polymer beads are pooled and re-divided during
synthesis. Id. Appellants state that the claims in the present invention are
directed to a parallel library, and thus argue that the Weingarten reference has
no connection to the present invention. Brief, pages 9-12.
However, Weingarten is not cited by the examiner for the method used to
prepare the library. Weingarten is cited for its teaching of a library of chiral
selectors immobilized on polymer beads. Answer, page 6. It is of no
consequence that the procedure used in Weingarten is a split/pool procedure
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