Ex Parte Runkle et al - Page 8

               Appeal 2007-0838                                                                             
               Application 09/851,242                                                                       

               169676 describes the subject matter required by independent claim 1                          
               (Answer 4-8).  However, as stated above, it is our determination that the                    
               Examiner has not established that JP 11-169676 describes a process                           
               corresponding to the appealed claim 1 process on this record.  Thus, this                    
               common deficiency in the Examiner’s application of JP 11-169676 infects                      
               each of the separate obviousness Rejections B-G with reversible error.  Also,                
               the Examiner has not articulated a rationale that fairly explains why the                    
               teachings of the applied secondary references as further utilized in                         
               Rejections B and D-G would be fairly combinable with the assembly of a                       
               device of the type that JP 11-169676 is concerned with forming in a manner                   
               so as to modify the JP 11-169676 assembly method to include a step of                        
               winding a hollow fiber fabric around a center tube as required by the                        
               appealed claims rejected in Rejections B and D-G (Reply Br. 13).  It follows                 
               that, on this record, we shall reverse the Examiner’s obviousness rejections                 
               B-G, which rejections employ JP 11-169676 as a primary reference.                            
               Rejection H                                                                                  
                      Claims 1, 2, 4, 5, and 19 stand rejected under 35 U.S.C. § 103(a) as                  
               being unpatentable over Mancusi in view of Bikson.  Appellants argue the                     
               claims as a group.  Hence, we select claim 1 as the representative claim on                  
               which we decide this appeal as to this ground of rejection.                                  
                      The Examiner has determined that:                                                     
                            Mancusi et al. ('832) teach the basic claimed process of                        
                      making a hollow fiber membrane separation device (contactor)                          
                      including, providing a core, wrapping a hollow fiber fabric onto                      
                      said core (winding), potting the fabric and the core together to                      
                      form an assembly (first potting), placing the assembly in a                           
                      housing (shell) and potting the assembly and the housing                              

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