Ex parte MANZ et al. - Page 4




         Appeal No. 1997-3328                                                    
         Application No. 08/226,605                                              


         representative of claims 2-11 and 19, and claim 20 (the                 
         independent article claim), as representative of claims 13-18           
         and 20, to decide the appeal on the respective rejections               
         under 35 U.S.C. § 103 before us.                                        




         The 35 U.S.C. § 103 rejection of claim 19.                              
              Claim 19 recites,                                                  
         19. A method of introducing a sample into a electroporesis              
         device,... which method comprises the step of                           
         electrokinetically injecting the sample as a sample plug into           
         said electrolyte channel by applying an electric field across           
         the supply and drain channels, wherein said electric field is           
         applied for a time period which is at least long enough that            
         the component of said sample having the lowest electrophoretic          
         mobility migrates into the geometrically defined sample                 
         volume, such that the injected sample plug reflects the                 
         original sample composition.                                            
              Appellants describe in the BACKGROUND OF THE INVENTION             
         that "sample components from the feeders may diffuse into the           
         capillary tube when the sample has already left the sampling            
         position" whereby "at the detector there not only arrives a             
         more or less broadened plug of injected sample fluid" but the           
         "electrolyte in front and after or between individual plugs of          
         sample fluid is 'polluted' with unpredictable amounts of                
         sample components" (specification, page 2).  The SUMMARY OF             
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