Ex parte YEUNG et al. - Page 7




          Appeal No. 94-4081                                                          
          Application 07/750,031                                                      


          application involves a setting up of an electric potential” (main           
          brief, page 8) and claim 42 specifically calls for separation               
          “based on differential interaction” (emphasis appellants’, main             
          brief, page 30).  Appellants state that “differential                       
          interaction” pertains to the electric potential set up in the               
          plates or surface (main brief, page 30).  Finally, appellants               
          emphatically state that the claimed invention utilizes an                   
          electric potential between portions of the plate or surfaces                
          (main brief, page 39).                                                      
               Appellants are correct in noting that the method of claim 42           
          calls for separation of the charged components of a mixture by              
          differential interaction through the medium.  However, there is             
          no basis for appellants’ contention that an electric potential is           
          a limitation of the claimed method.  The claims now on appeal do            
          not call for any limitation regarding an electric potential.  The           
          term “differential interaction” is characterized in claim 42 as             
          “where like-charged flourophore [sic, fluorophore] components are           
          displaced by like-charged mixture components” (see claim 42,                
          lines 12-13, and also the main brief, page 14).  Ma discloses               
          this same separation concept of “differential interaction”,                 
          although using different terminology, at page 723, right column:            



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