Appeal No. 1997-2627
Application No. 08/424,122
polyethylene (answer, pages 3-4). This film, however, as
discussed above, is parallel to the direction of ion flow in
the Moeglich ‘475 capillary assembly 10, and, when the film is
part of sandwich membrane 29 or the Moeglich ‘458 film
assembly, it is rendered ion permeable by a method which
increases its electrical conductivity.
The examiner argues that Moeglich ‘475 teaches (column 5,
lines 24-35) that the polyethylene film is thin enough that it
allows passage of ions therethrough (answer, pages 4-5). The
portion of the reference relied upon by the examiner, however,
pertains to the capillary material rather than to the
polyethylene separation layers. Moeglich ‘475 does not
disclose that the capillary layers can be polyethylene films
(col. 5, lines 22-27).
As for solution fraction claims 13-18, the examiner
points out that these claims are in product-by-process form
and that what is claimed is a product, not a process (answer,
page 5). The examiner, however, does not explain why the
product recited in appellant’s claims 13-18 would have been
fairly suggested to one of ordinary skill in the art by
Moeglich ‘475.
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