Ex parte MANZ et al. - Page 10




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


         Thereby, in accordance with 37 CFR ' 1.192(c)(7), claims 2-11           
         fall with claim 19.  Thus, it follows that the decision of the          
         examiner to reject claims 2-11 under 35 U.S.C. ' 103 is also            
         reversed.                                                               


         The 35 U.S.C. § 103 rejection of claim 20.                              
              Appellants' claim 20 recites,                                      
         20. An electrophoresis device which comprises a supply                  
         channel, which contains a sample having an original sample              
         composition, a drain channel, and an electrolyte channel,               
         which contains an electrolyte buffer, wherein said supply and           
         drain channels are each inclined with respect to the                    
         electrolyte channel, and which supply and drain channels                
         intersect said electrolyte channel at a supply port and a               
         drain port, respectively, such that a geometrically defined             
         sample volume is defined by a section of said electrolyte               
         channel located between said supply port and said drain port,           
         which electrophoresis device further comprises a means for              
         electrokinetically injecting a sample which reflects the                
         original sample composition into said sample volume                     
         characterized in that said supply channel and said drain                
         channel each have a resistance to flow with respect to said             
         electrolyte buffer which is about 5% lower than the respective          
         resistance to flow of said electrolyte channel.                         
              Appellants' describe (with respect to Fig. 3) that "[t]he          
         resistance to flow of the supply and drain channel can be               


         deminished by either reducing the length of the respective              
         channels or by increasing their respective widths w"                    
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