Ex parte JACOBS - Page 6




            Appeal No. 96-1809                                                                           
            Application 08/094,724                                                                       


            to thereby interpret limitations explicitly recited in claim).                               
                  According to appellant’s specification (p.9, lines 9-24):                              
                        Referring to FIG. 1, a transfer element 10 is                                    
                  shown having a main body 2 comprising an upper                                         
                  surface 4 and a preferably circular lower surface 6.                                   
                  The shape of lower surface 6 may be varied, but                                        
                  preferably should be congruent with the shape of the                                   
                  test surface area to be contacted, whatever that may                                   
                  be.                                                                                    
                        Referring to FIG. 2(a), lower surface 6 is                                       
                  defined, in part, by a liquid-supporting portion 7                                     
                  defined by a series of substantially parallel, V-                                      
                  shaped grooves 8, disposed over the majority of the                                    
                  area of surface 6.  The shapes and depths of grooves                                   
                  8, however, may be varied to be rectangular, convex,                                   
                  concave, U-shaped, etc.  Alternate configurations                                      
                  can also be provided for defining liquid supporting                                    
                  portion 7; for example, a diamond-like pattern such                                    
                  as illustrated in FIG. 2(b).                                                           
            See also Specification, p.10, lines 7-9 (“it is preferred that                               
            lower surface 6 be made from a compliant and liquid-                                         
            impermeable material”).                                                                      
                  Although we agree with the examiner that the loop or                                   
            transfer element in Harrison is constructed from a material                                  
            having an impermeable surface (Answer, p.3), we agree with                                   
            appellant that the surface of the transfer element as a whole                                
            is not impermeable.  See Brief, p.3 (“liquid does ‘pass                                      
            through’ the loop 34").                                                                      

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