Appeal 2007-0711
Reexamination 90/006,706
Priegnitz consistently teaches (Priegnitz, col. 1, ll. 8-18):
[O]ur invention deals with the branch of simulated moving bed
chromatography as applied to the separation of chiral substances from
a racemic mixture. Our contribution to such separations which is the
subject of this application arises from the recognition that operating at
low values of k’, the capacity factor, is quite beneficial in chiral
separations even though classical liquid chromatography theory
teaches operation at high values of k’ as one prerequisite to successful
separations.
Pirkle and Negawa generally suggest, and we find no evidence of
record to the contrary, that classical approaches to separating achiral isomers
generally are nonanalogous processes designed to separate chiral isomers.
See Pirkle’s discussion at col. 2, ll. 4-38, and Negawa, col. 1, ll. 34-45.
Accordingly, the general teachings Ching and Snyder neither support nor
contravene the prima facie case of obviousness of the processes Appellants
claim which is established by the combined teachings of Negawa and Pirkle.
Accordingly, we affirm the appealed rejections.
CONCLUSION
Having considered all the evidence of record for and against the
patentability of Claims 1-24 of Reexamination 90/006,706 under 35 U.S.C.
§ 103, we affirm the appealed final rejections. Accordingly, it is
ORDERED that the examiner’s final rejections of Claims 1-24 of
Reexamination 90/006,706 under 35 U.S.C. § 103 are affirmed; and
FURTHER ORDERED that the time for taking further action in this
appeal cannot be extended under 37 CFR § 1.136(a)(2006).
AFFIRMED
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