Ex parte BENE - Page 10




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

          when preset alarm limits have been exceeded is not the same as              
          calculating a duration of treatment.                                        
               Lipps et al., Veech, and Polaschegg '053 do not, in any                
          combination, make up for the above-noted deficiencies of                    
          Shouldice et al.  The examiner is correct, insofar as the                   
          appellants' claimed invention is concerned, that these secondary            
          references are merely cumulative to Shouldice et al.  The                   
          examiner has not relied on these references to show the features            
          of calculating an actual clearance for a type of impurity,                  
          comparing the calculated actual clearance with a predetermined              
          clearance, and performing control functions based on the results            
          of the comparison.  We also do not find in these references,                
          alone, or in combination, a reasonable suggestion for such                  
          features.  In the final Office action, the examiner stated merely           
          that Lipps et al. varies flow rates, Veech controls diffusion,              
          and Polaschegg '053 shows a well known 3-way valve (Paper No. 9).           
               For the foregoing reasons, the rejection of claims 12, 15-             
          17, 20-22, 25 and 26 over Shouldice et al., Lipps et al., Veech             
          and Polaschegg '053 cannot be sustained.                                    
                                     Conclusion                                       
               The rejection of claims 12, 15-17, 20-22, 25 and 26 under              
          35 U.S.C.  103 as being unpatentable over Shouldice et al.,                


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