Ex parte GRUBER et al. - Page 9




          Appeal No. 1998-3207                                       Page 9           
          Application No. 08/518,874                                                  


          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               Claim 18 recites an apparatus for injection molding a                  
          liquid into a plurality of cells in a plate for solidification              
          therein comprising, inter alia, means for evacuating gas from               
          cells, means for injecting liquid into the cells, and means                 
          for linking the evacuating and injecting means at each of the               
          cells so that surface tension of the liquid prevents                        
          evacuation of the liquid injected into the cells while                      
          allowing evacuation of only gas from the cells.                             


               The appellants argue in their briefs that claim 18 is not              
          anticipated by Bird, Timson, Pasch or Wieser since they do not              
          disclose the claimed "means for linking."  We agree.                        


               As explained in In re Donaldson, 16 F.3d 1189, 1193, 29                
          USPQ2d 1845, 1848-49 (Fed. Cir. 1994), the USPTO is not exempt              
          from following the statutory mandate of 35 U.S.C.  112,                    
          paragraph 6, which reads:                                                   









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