Ex Parte VOUTE et al - Page 1






                                       The opinion in support of the decision being entered                                          
                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                                                   Ex parte NICOLAS VOUTE,                                                           
                                           EGISTO BOSCHETTI and PIERRE GIROT                                                         
                                                         ______________                                                              
                                                      Appeal No. 2005-0209                                                           
                                                      Application 09/274,014                                                         
                                                        _______________                                                              
                                                      HEARD: May 18, 2005                                                            
                                                        _______________                                                              
               Before GARRIS, WARREN and JEFFREY T. SMITH, Administrative Patent Judges.                                             
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C.  134 from the decision of the examiner finally                             
               rejecting claims 1 through 22 and 59 through 63.  Claims 23 through 58 and 66 through 66 are                          
               also of record and have been withdrawn from consideration by the examiner under 37 CFR                                
                1.142(b).                                                                                                           
                       Claims 1, 2, 7 and 11 illustrate appellants’ invention of a dense mineral oxide solid                         
               support for purification of biological macromolecules (specification, e.g., page 1), and are                          
               representative of the claims on appeal:                                                                               
                       1.  Dense mineral oxide solid supports comprising:                                                            
                       (a)  a mineral oxide matrix having an external surface and pores, wherein the pores have                      
               a pore volume which is less than 30% of the total volume of the mineral oxide matrix, and                             


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