Appeal No. 96-0881
Application No. 07/795,908
page 14, appellants contend that there is nothing in Storey
that teaches the claimed preliminary steps of "actually
measuring concentrations of components to be combined into a
dialysate as well as determining the actual(or desired)
conductivity of the dialysate to result from the combination
of components[emphasis added]." With respect to Babb,
appellants argue that Babb simply assumes that the value of
the concentrate components is that which is found on the label
of the containers prior to mixing (brief, page 10). These
arguments by appellants’ counsel lead one to believe that the
claimed "determining" steps of appellants’ method involve some
quantitative measurement of the concentrates to determine the
"actual concentrate components" to solve the prior art problem
wherein reliance is placed on data on the labels of the
concentrate which may vary as much as plus or minus five
percent from the actual values. On the other hand,
appellants’ specification does not describe any actual
measurement to determine "the actual concentration of
individual concentrate components", but instead indicates that
the "concentrate components are expressed in terms of the
final nominal diluted concentrations" (i.e., the values on the
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