Appeal No. 1997-3056 Application No. 08/377,966 MiniKap module has the advantages of a filter with "greater surface area in less space, higher flow rates, and minimal hold up volume... and the multiple end fitting configurations allow the MiniKap filter to be plumed into virtually any system" (see the disclosure statement received 7/10/95, Appendix 8, page B-6 or the newly cited MiniKap 225/500 Microfiltration Modules). It would have been within the skill of the art to modify USP 5,173,264 to use a well known commercially available filtration unit, such as the MiniKap 500 module, to gain the advantages taught above. The "MiniKap 500 module" is notoriously well known in the art to have the physical properties/ specifications of an effective filtration area of 500 square centimeters, a 37 ml hold up volume and up to a 300 1/min flow rate at about 23 psi(see Applicant disclose on page 5 lines 3+ of the specification). It would have been obvious the modified USP 5,173,264 incorporating the MiniKap module would have met the claimed physical properties of a throughput of at least 100 liters/minute, an effective filtration area of at least 500 square centimeters and a hold up volume of not more than 40 milliliters. The Examiner’s obviousness-type double patenting rejections of the other appealed claims are based upon the references and rationale set forth above and further in view of the Electrascan, DeAngelis, Gunasingham, or Heijne references listed earlier in this decision. We refer to the various briefs and answers of record for a complete exposition of the opposing viewpoints expressed by the Appellant and by the Examiner concerning the obviousness-type double patenting rejections before us on this appeal. 44Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007