Ex parte DALKE et al. - Page 8




            Appeal No. 1998-2381                                                                         
            Application No. 08/304,725                                                                   





            flanking units are a pump assembly and at least one of a pump                                
            assembly, a parameter monitoring assembly, a display monitor                                 
            or a controller.  Like appellants, we fail to perceive any                                   
            teaching or suggestion in the disclosures of Ford and Rota                                   
            which would have motivated one of ordinary skill in the art to                               
            rearrange the                                                                                
            discrete units of the APA in the claimed configuration.  In                                  
            fact, both Ford and Rota are lacking in any disclosure of                                    
            separating discrete units into at least two flanking units                                   
            with a central                                                                               
            cavity therebetween adapted to receive or which is capable of                                
            receiving an oxygenator.                                                                     
                  The examiner's other assertion (Answer, page 4) that the                               
            claimed arrangement of known perfusion system components is a                                
            matter of design choice is not persuasive.                                                   
                  In appellants' specification, at page 12, it is indicated                              
            that the centralized location of the oxygenator can reduce                                   
            extracorporeal volume, improve the perfusionist’s reach of the                               
            system components and the perfusionist’s view of the operating                               
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