Ex parte SHIVELY - Page 20




          Appeal No. 93-3623                                         Page 20           
          Application 07/629,690                                                       
          B.   Analogousness                                                           
               7.   To be relevant in an obviousness rejection, a reference            
          must either be in the field of the applicant's endeavor or, if               
          not, then be reasonably pertinent to the particular problem with             
          which the applicant was concerned.  In re Deminski, 796 F.2d 436,            
          442, 230 USPQ 313, 315 (Fed. Cir. 1986).  Thus, it is not                    
          sufficient for Appellant to observe that a reference is not                  
          directed to peptide sequencing (even where the observation is                
          true), when all of the references are directed to microvolume                
          analysis of biochemicals in a reactor, generally involving                   
          peptides and substrates.  Prior art is relevant for all it fairly            
          teaches even if directed to a somewhat different problem.  In re             
          Napier, 55 F.3d 610, 614, 34 USPQ2d 1782, 1785 (Fed. Cir. 1995).             
          C.   Claim interpretation                                                    
               8.   We must interpret claims as broadly as their terms                 
          reasonably allow in light of the specification.  In re Zletz,                
          893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).                    
               9.   Claim 1 does not exclude the additional use of                     
          adhesives, plugs, or seals to secure the interference fit.                   
               10. Claim 1 does not require the reactor to be free of                  
          unswept volumes.  Both the specification (Paper 1 at 6) and                  
          dependent claim 8 associate this advantage with a specific                   
          arrangement.  Cf. 35 U.S.C. § 112[4] (requiring dependent claims             
          to specify a further limitation of the claimed subject matter).              






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