Ex parte BENE - Page 6

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

               We can observe no basis for the examiner's finding (answer             
          at 3) that:                                                                 
               The ultrafiltrate monitor (Fig. 2) uses the data from                  
               the [pressure] sensors to calculate the membrane                       
               clearance for ultrafiltrate impurity.  The UF control                  
               124 controls the flow rate as claimed.  The                            
               ultrafiltrate rate is related to the transmembrane                     
          Figure 2 of Shouldice et al. merely shows that data from pressure           
          sensors 94 and 96 are inputted to the ultrafiltrate monitor 130.            
          We find no discussion anywhere in Shouldice et al. concerning               
          calculation of a clearance for "a type of impurity" based on the            
          data from pressure sensors 94 and 96, and the examiner has cited            
          none.  The closest Shouldice et al. comes to that is the                    
          following (column 5, lines 9-13):                                           
               A TMP (transmembrane pressure) that is too high                        
               indicates that the operator is trying to pull too much                 
               ultrafiltrate (in which event he can lower the                         
               ultrafiltration rate) or that the membrane is clogged                  
               (in which event use of the clogged dialyzer must be                    
               Shouldice et al., in column 3, lines 13-14, defines the term           
          "ultrafiltrate" as that liquid passing through the membrane in              
          dialyzer 20 from blood to dialysate.  Transmembrane pressure is             
          not the same as either the fresh dialysis liquid pressure or the            
          used dialysis liquid pressure as measured by pressure sensors 94            
          and 96.  Even assuming that the transmembrane pressure can be               


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