Ex parte VORACEK - Page 4




          Appeal No. 1997-2627                                                        
          Application No. 08/424,122                                                  


          appellant that the aforementioned rejection is not well                     
          founded.  Accordingly, we reverse this rejection.                           
          Appellant’s apparatus claims 10-12 require that a thin                      
          membrane separates an electrolytic solution into two volumes                
          and is made of a material having a specific electrical                      
          conductivity which is the same magnitude as that of high                    
          density polyethylene when immersed in the electrolytic                      
          solution.  Solution fraction claims 13-18 recite solution                   
          fractions which are made by operating a device having such a                
          membrane.                                                                   
               Moeglich ‘475 discloses three membrane structures: 1) the              
          capillary membrane assembly (10) shown in figures 1-4, 2) the               
          film membrane assembly described in U.S. 4,124,458 to Moeglich              
          (Moeglich ‘458), which is incorporated by reference in                      
          Moeglich ‘475 (col. 2, lines 38-41), and 3) the sandwich                    
          membrane (29) illustrated in figure 5b (col. 7, lines 9-15).                
               The capillary membrane assembly (10) in figures 1-4 has                
          layers of capillary material (11) which form capillary                      
          channels that allow passage of anions and cations therethrough              
          and are interposed with separation layers (13) of inert,                    
          impermeable material having a high dielectric constant, e.g.,               
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