Ex parte ZEIHER et al. - Page 5




          Appeal No. 96-3854                                                          
          Application No. 08/027,872                                                  


          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we have made the                 
          determinations which follow.                                                
               Turning first to the examiner's rejection of claims 1                  
          through 3, 5 through 7, 9 through 11, 13 through 16 and 18                  
          through 21 under 35 U.S.C. § 103 as being unpatentable over                 
          Bach in view of Madden, we note that each of claims 1, 6, 11                
          and 16, the only independent claims before us, calls for                    
          either a reverse osmosis membrane or a reverse osmosis                      
          membrane coupon held by a support parallel to the direction of              
          fluid flow through the interior compartment of the monitoring               
          apparatus.                                                                  
               According to the examiner, Bach shows the claimed                      
          invention, except that Bach's measuring filter 11 is not                    
          supported parallel                                                          





          to the direction of fluid flow and is not disclosed as a                    
          "reverse osmosis membrane" or a "reverse osmosis membrane                   
          coupon".  The examiner cites Madden to show a fluid sampling                
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