Appeal No. 98-1316
Application No. 08/420,896
obviously progressively increases as the process goes on, a
diffusive gradient is nevertheless maintained (see, generally,
pages 9 and 20 of the specification).
Consistent with the appellants' specification, we can
think of no circumstances under which the artisan would
construe the entire circuit 4 of Jacobsen (which includes a
constant speed pump 16, bubble trap 20, dialyzer 24,
restriction 36 and three-liter bag 48) to collectively
correspond to the claimed dialysate reservoir container. This
being the case, Jacobsen does not (1) have a single pump
(claim 21), (2) possess the capability of having the dialysate
fluid "returned directly to the reservoir container to dilute
dialyzed waste products" (claim 21) or (3) teach the step of
periodically pumping a smaller volume of dialysate fluid
"directly back into the reservoir container for dilution with
remaining dialysate fluid" (claim 22). We further
find no teaching in Jacobsen of a fluid catheter having a
"second end directly connected to a dialysate reservoir
container" as expressly required by independent claims 21 and
22.
With respect to the rejections of (1) claims 3 and 9
where Romanelli is additionally relied on, (2) claims 2 and 8
7
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