Appeal No. 1999-1384
Application No. 08/583,912
observed that other nickel base alloys having the same percentage
ranges of components did not suffer such deleterious changes.
The court in Boesch found (id.) that “considering … that the composition
requirements of the claims and the cited references overlap, we agree with the
Solicitor that the prior art would have suggested ‘the kind of experimentation
necessary to achieve the claimed composition…’” [emphasis added].
We do not disagree with the examiner’s position (Answer, page 6) that the
“result effective variable” relating to the interaction time between the analyte and
the membrane “depends upon [the] pore size of the membrane, the surface area
of the membrane, and the analyte to be detected.” Appellants’ specification
(page 6) discloses membrane thickness, surface area and porosity are important
in obtaining interaction times within the claimed range:
[M]embranes useful in the present invention have
thicknesses, exposed surface areas, and porosities that
allow detection of the analyte with an interaction time of
about 0.1 sec to about 30 seconds, and typically about 1 sec
to about 15 seconds, between a sample suspected of
containing of the analyte and the membrane having a
labelled analyte of the analyte thereon. Generally, the pore
sizes in the membrane are about 0.2-1.0 microns, and are
typically about 0.45 microns. Of course, other pore sizes
may be used to achieve the desired interaction time.
Likewise, the thickness and surface area of the membrane
can be adjusted to provide the desired interaction time.
Similarly, Kidwell (column 6, lines 28-33) discloses that “one can vary the pore
size and the area of the supporting and semipermeable membranes to achieve
the proper interaction time. The smaller the pore size and the smaller the
surface area of the membranes, the longer the interaction time and the greater
the sensitivity.”
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