Ex parte BRYNING et al. - Page 3




          Appeal No. 1997-2569                                                        
          Application No. 08/469,578                                                  


          electrostatic or acoustic energy.  Claim 3 is illustrative and              
          reads as follows:                                                           
               3.  A method of mixing two or more liquids, said method                
               comprising the steps of:                                               
               (a) forming a liquid droplet containing said two or                    
          more      liquids on a substantially planar and substantially               
                    inelastic surface, said liquid droplet being in                   
                         containerless containment on said surface, said              
          surface being substantially impervious to and non-reactive                  
          with said      liquid droplet and                                           
               (b) applying electrostatic energy or acoustic energy                   
          to said droplets thereby mixing said liquids.                               
               The references relied upon by the examiner are:                        
          Gibbs et al. (Gibbs)          3,854,703            Dec. 17,                 
          1974                                                                        
          Woodbridge, III (Woodbridge)  4,065,263            Dec. 27,                 
          1977                                                                        
          Lee et al. (Lee)              4,250,257            Feb. 10,                 
          1981                                                                        
          Shibuya et al. (Shibuya)      4,988,208            Jan. 29,                 
          1991                                                                        
          Smith et al. (Smith) "An Innovative Technology for 'Random-                 
          Access' Sampling," 28 Clinical Chemistry, no. 9, 1867-72                    
          (Tarrytown, NY, Technicon Instruments Corp., 1982).                         
               The following rejections are at issue in this appeal:                  
               (1) Claims 3, 4, 13, 23, 32, 33, 35-37, 39, 40 and 44                  
          are rejected under 35 U.S.C.  103 as being unpatentable over               
          Gibbs and Lee and further in view of Woodbridge.                            
               (2) Claims 5, 34, and 38 are rejected under 35 U.S.C.                  
                                          3                                           





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