Ex Parte Shekunov et al - Page 2



                 Appeal 2007-0414                                                                                       
                 Application 10/691,113                                                                                 

                        providing a first solution, the first solution comprising a first solute                        
                               dissolved or dispersed in a first solvent that is at least partially                     
                               soluble in the supercritical fluid;                                                      
                        flowing the supercritical fluid through a chamber having a rotating                             
                               rotor disposed therein;                                                                  
                        dispensing the first solution into a mixing zone within the chamber                             
                               while the supercritical fluid is flowing through the chamber, the                        
                               mixing zone being defined as a space between an inner wall of                            
                               the chamber and an adjacent surface of the rotating rotor; and                           
                        collecting precipitated particles of the first solute from a mixture                            
                               comprising the supercritical fluid and the first solvent.                                
                        The Examiner relies upon the following references:                                              
                 Holl  US 6,471,392 B1 Oct.  29, 2002                                                                   
                 Johnson US 2004/0091546 A1 May 13, 2004                                                                
                        Appellants’ claimed invention is directed to a method of producing                              
                 particles comprising dispensing a first solution into a mixing zone of a                               
                 chamber having a rotating rotor while a supercritical fluid is flowing through                         
                 the chamber.  The mixing zone is the space between the inner wall of the                               
                 chamber and an adjacent surface of the rotating rotor.  Particles are                                  
                 precipitated from a mixture comprising the first solution and supercritical                            
                 fluid.                                                                                                 
                        Appealed claims 1-5, 7-19, and 21-37 stand rejected under 35 U.S.C.                             
                 § 102(e) as being anticipated by Johnson.  Claim 6 stands rejected under                               
                 35 U.S.C. § 103(a) as being unpatentable over Johnson in view of Holl.                                 



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