Appeal No. 93-3623 Page 7
Application 07/629,690
(A) a reaction chamber formed from a pliable,
chemically inert tube; [and]
(B) first and second pliable, chemically inert
tubes for connecting the reaction chamber to
a sequenator[.]
Hrdina
2. Hrdina's field of invention is a flow-through reactor
that would be useful for amino acid analysis. (1:1-51.)
3. Appellant declares that "[t]he Hrdina reactor would not
be practically useful for protein sequencing". (Decl. I at
¶ 20.)
4. Appellant knew, or should have known, based on a fair
reading of Hrdina, particularly in view of the previous Board
decision (Appeal No. 90-2219 at 4), that Hrdina is directed to
reactors for amino acid analysis.
5. Although Appellant provides reasons why Hrdina's seals
create problems, he also notes that Hrdina suggests omission of
those seals. (Decl. I at ¶ 12(i).)
6. We find, on balance, that Appellant's declaration
evidence is inconsistent with, and less credible than, the
express teachings of Hrdina itself for understanding what Hrdina
would have meant to a person having ordinary skill in the art.
7. We find that Hrdina is an appropriate reference in the
field of Appellant's endeavor: continuous-flow reactors for
protein or peptide analysis.
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