Ex parte KESHAVIAH et al. - Page 5




          Appeal No. 98-1316                                                          
          Application No. 08/420,896                                                  
               Here, the appellants have incorporated Fig. 1A of                      
          Jacobsen into their drawings as Figure 2 and state on pages 4               
          and 5 of the specification that:                                            
                    Figure 2 sets forth a figure from U.S. Patent                     
               No. 5,141,493 [i.e., Jacobsen].  Figure 2                              
               illustrates the three loop system of the '493 patent                   
               wherein dialysate is reciprocated into and out of                      
               the patient using a reversible pump (first loop)                       
               into a second loop.  In the second loop, the                           
               dialysate passes through a dialyzer being                              
               regenerated by non-sterile dialysate flowing in the                    
               third loop.  The difference between the '493 system                    
               and the earlier systems is that both regeneration                      
               and reciprocation are continuous.                                      
                    All of the above investigators have reported                      
               increased small molecule clearance and high                            
               ultrafiltration with either a continuous flow or                       
               reciprocating type systems.  Naturally, an advantage                   
               of                                                                     
               this type is desirable.  However, these prior                          
               systems are quite complex in their operation, set-                     
               up, and control.                                                       
          More specifically, Jacobsen discloses a primary circuit 4                   
          which includes a constant speed pump 16, bubble trap 20,                    
          dialyzer 24, restriction 36 and three-liter bag 48 (that                    
          allows the user to maintain some of the dialysate fluid                     
          flowing in the primary circuit 4; see column 5, lines 9-12).                
          The dialysate fluid is alternately pumped by pump 72 from the               
          circuit 4 into the patient and then back from the patient into              
          circuit 4 where the dialysate fluid (which includes                         

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