Ex parte SHIVELY - Page 12




          Appeal No. 93-3623                                         Page 12           
          Application 07/629,690                                                       
               Winter                                                                  
               30. We note that Winter teaches the desirability of fluid-              
          tight joints (2:12-53) in an apparatus for the cyclical analysis             
          of peptides (1:11-70).                                                       
               Admitted prior art                                                      
               31. Applicant's admitted prior art, specifically D.H.                   
          Hawke et al., "Microsequence Analysis of Peptides and Proteins",             
          147 Analytical Biochemistry 315, 329 (June 1985), "noting that               
          Teflon[ ] is 'self-sealing', report[s] lower background levels®                                                                     
          and increased yields deemed to be consequent from a better seal              
          achieved in the all Teflon[ ] design as compared to the seal®                                                 
          observed with the Hewick glass cartridge."  (Paper 1 at 2-3.)                
               32. We find that the admitted prior art would have provided             
          the motivation to use the all-PTFE constructions suggested in the            
          other references, and that a person having ordinary skill in the             
          art would have understood that such a construction would have                
          been "self-sealing", obviating the need for additional seals or              
          adhesives.                                                                   
               33. We find that Appellant's declaration regarding his                  
          comparative data with Hawke and the "best prior art" (Decl. I at             
          ¶¶ 9-11) unpersuasive.  Appellant states that "the Teflon[ ]®                 
          version of the Hood cartridge reactor [used in Hawke] was the                
          most advanced sequencer reactor extant [and] represents the best             
          prior art available at the time the invention of claims 1-12 was             






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