Ex parte HARTRANFT et al. - Page 5




                 Appeal No. 96-0881                                                                                                                     
                 Application No. 07/795,908                                                                                                             


                 which are based upon and controlled by nominal conductivity                                                                            
                 values which are attained from the concentration labels of the                                                                         
                 concentrates.  However, according to appellants, such                                                                                  
                 concentration values have been found to vary as much as plus                                                                           
                 or minus five percent which "produce errors in the actual                                                                              
                 final concentrations achieved"(specification, page 3, lines                                                                            
                 11-20). Appellants’ invention is said to solve the above                                                                               
                 problem by calculating the actual conductivity contributions                                                                           
                 of the individual chemical components of the concentrate being                                                                         
                 utilized(Abstract of the Disclosure).                                                                                                  
                          Appealed claim 1 is directed to a method of mixing                                                                            
                 dialysate comprising, inter alia, the steps of "determing the                                                                          
                 actual concentration of individual concentrate components to                                                                           
                 be mixed as a dialysate[emphasis added]" and "determining the                                                                          
                 actual conductivity of a dialysate to be formed by the                                                                                 
                 concentrate components and water[emphasis added]".  It is                                                                              
                 these steps  which appellants contend are not described or3                                                                                                                  
                 carried out in the prior art systems.  Thus, in the brief at                                                                           

                          3Similar claim language is present in the apparatus                                                                           
                 claims on appeal.  Claim 14, for example, requires "means for                                                                          
                 determining the actual concentration of individual components                                                                          
                 to be mixed."                                                                                                                          
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