Ex parte MANZ et al. - Page 7




         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            
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