Ex Parte FEYGIN et al - Page 6


             Appeal No. 2001-0352                                                                              
             Application 08/872,097                                                                            

                   For purposes of illustration, we will attempt to read this rejection upon claim 23,         
             as viewed in the claim chart, which follows:                                                      
             Claim 23 Elements                          Rejection                                              
             A universal fluid exchanger, comprising:   Not discussed                                          
             a plurality of reaction vessels;           The Examiner does not state whether                    
                                                        there is a disclosure of a plurality of                
                                                        vessels in Gleave or Panetz.                           
             a reaction vessel support disposed to hold The Examiner states that there is a                    
             the plurality of reaction vessels in a     reaction vessel support 23.                            
             preferred orientation;                                                                            
             a plurality of injection ports, each injectionThe Examiner states that Gleave fails to               
             port including a pressure seal, situated torecite a plurality of injection and                    
             provide access to one of said reaction     evacuation ports supported by top and                  
             vessels, the plurality of  injection ports bottom plates.  We, however, do not see                
             operable for the injection of liquids into the need for the examiner to account for a             
             said reaction vessels;                     support limitation in claim 23, as the claim           
                                                        includes no such limitation.                           
             a plurality of evacuation ports, each      See immediately above.                                 
             evacuation port including a pressure seal,                                                        
             situated to provide access to one of said                                                         
             reaction vessels, the plurality of                                                                
             evacuation ports operable for the                                                                 
             evacuation of fluids from said reaction                                                           
             vessels;                                                                                          
             injection and evacuation fittings formed toThe Examiner states that injection and                 
             matingly engage said respective injection  evacuation fittings 161 and 164 matingly               
             and evacuation ports and to thereby        engage the injection and evacuation ports.             
             enable the delivery of fluids to the reaction                                                     
             vessels and the evacuation of fluids from                                                         
             said reaction vessels; and                                                                        
             an actuator for controlling selectively    The Examiner does not state where in                   
             aligning the injection and evacuation portsGleave or Panetz this feature is found.                
             of the plurality of reaction vessels and the                                                      
             injection and evacuation fittings,                                                                
             respectively.                                                                                     

                   As can be seen from the chart above, the rejection is deficient in four elements of         
             the claim.  Further, the rejection (see especially the last paragraph) provides little            
             guidance in how to apply the art to the claims.  This merits panel is unsure which                

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