Appeal No. 1997-3056
Application No. 08/377,966
MiniKap module has the advantages of a filter with
"greater surface area in less space, higher flow rates,
and minimal hold up volume... and the multiple end
fitting configurations allow the MiniKap filter to be
plumed into virtually any system" (see the disclosure
statement received 7/10/95, Appendix 8, page B-6 or the
newly cited MiniKap 225/500 Microfiltration Modules). It
would have been within the skill of the art to modify USP
5,173,264 to use a well known commercially available
filtration unit, such as the MiniKap 500 module, to gain
the advantages taught above.
The "MiniKap 500 module" is notoriously well
known in the art to have the physical properties/
specifications of an effective filtration area of 500
square centimeters, a 37 ml hold up volume and up to a
300 1/min flow rate at about 23 psi(see Applicant
disclose on page 5 lines 3+ of the specification). It
would have been obvious the modified USP 5,173,264
incorporating the MiniKap module would have met the
claimed physical properties of a throughput of at least
100 liters/minute, an effective filtration area of at
least 500 square centimeters and a hold up volume of not
more than 40 milliliters.
The Examiner’s obviousness-type double patenting rejections
of the other appealed claims are based upon the references and
rationale set forth above and further in view of the Electrascan,
DeAngelis, Gunasingham, or Heijne references listed earlier in this
decision.
We refer to the various briefs and answers of record for a
complete exposition of the opposing viewpoints expressed by the
Appellant and by the Examiner concerning the obviousness-type
double patenting rejections before us on this appeal.
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