Appeal No. 2001-0062
Application 08/774,170
As noted above, Claim 1 requires a sleeve reaction chamber having a slot for
insertion of reaction fluid, and a detector which is an electrochemiluminescence cell.
Claim 16 requires a micromachined cell body having spaced electrodes, a cavity
adjacent one of the electrodes, and at least one opening therein in communication with
said cavity.
We focus on figures 1-3 of Pace. As we understand the reference, Pace
discloses a trapezoidal channel 32 within base 30. The top of the channel is covered by
glass plate 38, forming a trapezoidal enclosed channel. Certainly, this is a sleeve-like
chamber or channel, but we fail to see the slot required by claim 1 or the opening of
claim 16. The Examiner has determined that elements 10, 20 are slots (and
presumably openings). We disagree. Element 10 is part of the electrophoresis
channel, and element 20 is the injection conduit. We do not see how these can be slots
or openings as required by the instant claims.
Therefore, the rejection of Claims 1-5, 11, 14-18, and 24 under 35 U.S.C. §103
as being unpatentable over Pace in view of Hall or Kamin is reversed.
Summary of Decision
The rejection of Claims 1-5, 11, 14-18, and 24 under 35 U.S.C. §103 as being
unpatentable over Heller in view of Hall or Kamin is reversed.
The rejection of Claims 1-5, 11, 14-18, and 24 under 35 U.S.C. §103 as being
unpatentable over Pace in view of Hall or Kamin is reversed.
Other Issues
We note that this application is a continuation-in part of application 08/492,678,
which issued December 31, 1996 as U.S. Patent 5,589,136. The Examiner should
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