Ex Parte Rock - Page 7



              Appeal 2007-1687                                                                     
              Application 10/136,781                                                               

              includes teeth coupling structure on the end plate 22 and the tension plate 24       
              (Bisaka 4, ¶ [0067]) whereby positional adjustment of an amount smaller              
              than the pitch of the teeth is impossible (Bisaka 4, ¶ [0069]).  That is to say,     
              the adjustment is not continuous but, instead, is limited to discrete amounts        
              no smaller than the teeth of serration 29.                                           
                    The Examiner relies on Edwards to supply the above-noted deficiency            
              of Bisaka.  In this regard, the Examiner finds that “Edwards discloses               
              providing side plates having elongated slots 15 through which fastening              
              bolts are disposed (Figs. 1 and 4)” and that “[t]he elongated slots provide for      
              variances in height of the stack” (Answer 7).  According to the Examiner, “it        
              would have been obvious to one of ordinary skill in the art at the time the          
              claimed invention was made to modify the teachings of Bisaka by replacing            
              the indexing feature [i.e., the teeth coupling structure of serration 29] of the     
              end plates and side plates with a continuous adjustment means [i.e., the             
              elongated slots and fastening bolts of Edwards] since it would have provided         
              a greater control of the compressive force on the stack” (id. at 7 and 20).          
                    The Examiner’s obviousness conclusion is not supported by the                  
              applied reference evidence.  While it is true that Edwards discloses                 
              elongated slots or holes 15 and fastening bolts or screws 14 (Edwards, col. 3,       
              ll. 40-46), these elements are for attaching the inlet/outlet plate 13 to the        
              plate and membrane stack of Patentee’s blood oxygenator (Edwards,                    
              Abstract, col. 3, ll. 26-28 and 44-46).  Significantly, these elongated holes 15     
              and screws 14 do not provide the stack compression function performed by             

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