Ex parte BENE - Page 8

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

          disclosed invention calculates the actual "clearance" for                   
          creatinine (page 7).                                                        
               In our view, it is unreasonable to regard transmembrane                
          pressure in the exchanger, or either the input or output dialysis           
          liquid pressure, as the claimed "clearance" for a type of                   
          impurity.  The appellant is also correct that the clearance for a           
          given type of impurity cannot be determined solely on the basis             
          of detecting the pressure of fresh and used dialysis liquid.                
          Pressure data alone, including the transmembrane pressure, cannot           
          reveal how efficient a given type of impurity is being removed.             
          The examiner has shown no evidentiary basis to find that                    
          Shouldice et al. discloses or reasonably suggests calculating the           
          "clearance" for a type of impurity, and certainly not comparing             
          the calculated clearance with a predetermined clearance as the              
          basis for control.  The statement in the examiner's answer that             
          the claimed computation and control means are inherent in                   
          Shouldice et al. is without adequate support on this record.                
               Furthermore, it is also unreasonable, in the context of the            
          appellants' claimed invention, to regard the entirety of the                
          ultrafiltrate, i.e., that liquid passing in the exchanger from              
          blood to the dialysate, as the "a type of impurity" contemplated            
          by the claims.  The ultrafiltrate contains all types of                     


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