Ex parte BENE - Page 5




          Appeal No. 95-3830                                                          
          Application No. 07/942,460                                                  

          clearance.                                                                  
               The claimed invention requires a measurement means for                 
          measuring data corresponding to at least one physicochemical                
          characteristic of a fresh dialysis liquid and at least one                  
          physicochemical characteristic of a used liquid.  In that                   
          connection, the examiner found the following in Shouldice et al.            
          (answer at 3):                                                              
               Sensor 94 measures pressure of inlet dialyzate which                   
               corresponds to the physicochemical characteristic of                   
               the fresh dialyzate.  Sensor 96 measures pressure of                   
               used liquid which corresponds to the physicochemical                   
               characteristic of dialysis containing the impurity                     
               "ultrafiltrate" from the blood.  (Emphasis in                          
               original.)                                                             
          Because the appellant has not specifically challenged or disputed           
          the examiner's treating pressure as a physicochemical                       
          characteristic of a liquid, we will regard the measuring means              
          feature as having been met by Shouldice et al.                              
               What the appellant does argue is that the measured data on             
          the dialysis liquid pressure would not permit a computation means           
          to "calculate a clearance value for a type of impurity," and that           
          Shouldice et al. further does not disclose any controlling                  
          function based on a comparison between the calculated clearance             
          and a predetermined clearance for an impurity.  We agree with the           
          appellant.                                                                  


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