Ex parte BENE - Page 9

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

          impurities as far as artificial kidneys are concerned and thus              
          cannot satisfy claim features directed to calculating or                    
          performing something specific to "a type of impurity."                      
               Alternatively, the examiner found (answer at 3) that "it               
          would have been obvious to one with ordinary skill in the art, at           
          the time the invention was made, to substitute conductivity                 
          meters for the pressure sensors of Shouldice et al.  We disagree.           
          The examiner has articulated no motivation for one with ordinary            
          skill in the art to replace Shouldice et al.'s pressure sensors             
          with conductivity meters.  Conductivity meters do not measure               
          pressure.  The examiner also has not pointed to any useful                  
          purpose that would be recognized by one with ordinary skill in              
          the art for having conductivity meters positioned upstream and              
          downstream  of the dialysis liquid in Shouldice et al.  In any              
          event, merely having the conductivity meters do not equate to or            
          reasonably suggest calculating the actual "clearance for a type             
          of impurity," comparing the calculated clearance with a                     
          predetermined clearance, and performing various control functions           
          based on the results of the comparison.                                     
               Finally, with regard to claim 22, the examiner has not                 
          explained where in Shouldice et al. he finds that the duration of           
          treatment has been calculated.  Simply terminating operations               


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