Appeal No. 2001-2031
Application No. 09/071,825
Each and every claim requires that dielectrophoresis be used
in some manner to effect the detection of a target inanimate
entity. Claim 8 requires that the detection is of a maximum
spatial gradient of an electric pattern field exhibited by the
target inanimate entity in accordance with dielectrophoresis.
Claim 13 detects a polarization charge pattern in accordance with
a spatially non-uniform electric field pattern by a
dielectrophoresis force exhibited by the target inanimate entity.
The examiner’s rationale for the rejection under 35 U.S.C.
102(b) is that Bakhoum discloses a ground free electrostatic
measurement device with an electrical charge storing capacitor,
comprising an antenna, an air capacitor, a housing and an
indicator for detecting any electromagnetic field of an object.
The examiner urges that the needle produces an electric force
“which is the same as the dielectrophoresis force.”
As defined in the specification, at page 2,
“dielectrophoresis” is descriptive of “the force and subsequent
torque mechanical behavior of initially neutral mater [sic,
matter] that is dielectric polarization charged via induction by
external spatially non-uniform electric fields.”
There is absolutely no mention of dielectrophoresis in
Bakhoum so it is difficult to see how the examiner is applying
-3–
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Last modified: November 3, 2007