Appeal No. 95-3830
Application No. 07/942,460
Shouldice et al. U.S. Patent No. 4,897,184 Jan. 30, 1990
Lipps et al. U.S. Patent No. 4,209,391 June 24, 1980
Veech U.S. Patent No. 5,091,094 Feb. 25, 1992
Polaschegg U.S. Patent No. 4,683,053 July 28, 1987
(Polaschegg '053)
Polaschegg U.S. Patent No. 5,100,554 March 31, 1992
(Polaschegg '554)
The Rejections on Appeal
In the final Office action, claims 12-26 were rejected under
35 U.S.C. § 103 as being unpatentable over Shouldice et al., or
Polaschegg '554, in view of Lipps et al., Veech, and Polaschegg
'053. In the examiner's answer, the examiner withdrew the
rejection of all claims over the combination of Polaschegg '554,
Lipps et al., Veech and Polaschegg '053. Also in the examiner's
answer, the examiner indicated that dependent claims 13, 14, 18,
19, 23 and 24 were allowable if rewritten in proper form.
Thus, before us in this appeal are only claims 12, 15-17,
20-22, 25 and 26. These claims stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Shouldice et al., Lipps et al.,
Veech and Polaschegg '053.
The Invention
The invention is directed to an artificial kidney. The
device measures a physicochemical characteristic of the fresh and
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