Appeal No. 1997-3328 Application No. 08/226,605 variable obvious to one of ordinary skill in the art of electrophoresis" (answer, pages 7-8). Appellants reply by referring to the device in Figure 1 in Harrison, describing the flow and concluding that in Harrison "the sample volume is not defined-geometrically, but determined by the strength and time of the applied injection voltage... {t]hus the sample volume according to Harrison et al's method is not defined by a section of the electrolyte channel located between the supply port and the drain port; as is require by present claim 19" (reply, pages 4-5). The examiner responds by averring that appellants have not responded to the argument that the amount of time the voltage is applied is an "art recognized result-effective variable" (supplemental answer, page 2) rather appellants raise a new point, that claim 19 "requires that a voltage be applied to the supply and drain channels of the claimed device so as to allow for a geometrically-defined sample volume to be introduced into the device" (supplemental answer, page 2). Although the prior art appears to recognize the different migration rates within a sample, and that the sample should be clearly defined, we do not find any prior art recognition of 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007