Appeal 2007-0711
Reexamination 90/006,706
which is not an enantiomer of a mixture of chiral (optically active) organic
materials from a mixture of isomers which is not a mixture of chiral
(optically active) organic materials is not analogous prior art and/or prior art
which is not material to a determination of the patentability of the subject
matter Appellants now claim. In other words, the process steps in the
Appellants’ claimed process whereby: (1) the retention capacities (k’), the
solubilities, or the selectivities of a plurality of achiral liquid mobile phase
compositions for the at least one target enantiomer are compared, and (2)
separation of at least one target enantiomer from a mixture of chiral organic
compounds is effected using only those achiral liquid mobile phase
compositions in the known SMBC process which have a retention capacity
(k’) for the at least one target enantiomer such that 0.1<k’<1.0, are intended
to improve known processes “for the separation of at least one enantiomer
from a mixture of chiral organic materials by simulated moving bed
chromatography” (Br. App. Claim 1).
The applied prior art
1. Negawa
Negawa’s “invention relates to a process for recovering optical
isomers and a solvent, a process for using the solvent by circulation and a
process for reusing the optical isomers” (Negawa, col. 1., ll. 9-12).
Discussing problems associated with conventional simulated moving bed
chromatography (SMBC) processes for use in recovering pure optical
isomers (Negawa, Abstract), Negawa states (Negawa, col. 1, ll. 29-50;
emphasis added):
[I]t is an extremely important problem in the industrial fields of
medicines, pharmacy, biochemistry, etc., to prepare an optically pure
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