Ex parte MANZ et al. - Page 12




         Appeal No. 1997-3328                                                    
         Application No. 08/226,605                                              


         combine the method of Verheggen and Harrison because                    
         electrokinetic injection is conventional technique in the               
         art of electrophoresis.  Furthermore, both references deal              
         with control of sample introduction and electrophoretic                 
         separation.  With respect to width, depth, distance between             
         channels, and angles, it would have been obvious to one of              
         ordinary skill in the art to determine through routine                  
         experimentation optimum apparatus limitations in order to               
         ensure apparatus optimization" (examiner's office action                
         mailed May 16, 1995, Paper No. 3, pages 5-6).                           
              In response, appellants refer to the dimensions of the             
         devices described in Verheggen ("the capillary tube which has           
         a greater diameter (0.55mm) than that of the two feeders,               
         which each have a diameter of 0.44mm") and Harrison ("[t]he             
         dimensions for the separating channel are listed as 1mm wide x          
         10µm deep versus 30µm wide x 10µm deep for both the sample and          
         mobile phase channels") and point out that "present claim 20            
         specifically requires the resistance to flow of the supply and          
         drain channels to be about 5% lower..." whereas in both                 
         Verheggen and Harrison it is higher such that "even if                  
         Harrison was properly combined with Verheggen, and if some              
                                       12                                        





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