Appeal No. 2001-2035
Application No. 09/071,806
polarization charge pattern by a manifested dielectrophoresis
force in accordance with a spatially non-uniform electric field
exhibited by a target entity and that Bakhoum is inapplicable to
dielectrophoresis, the examiner states that “all the objects are
inherently included the polarization charge pattern by a
manifested dielectrophoresis force in the nature [sic]” [answer-
page 7] [emphasis added].
The examiner cannot properly assert inherency at the very
point of novelty of the instant claimed invention.
Moreover, that which is inherent is not, necessarily, known.
In re Spormann, 363 F.2d 444, 150 USPQ 449 (CCPA 1966).
Even if such phenomena were naturally occurring, this does
not necessarily mean that a means for, or step of, actually
detecting a polarization charge pattern by a manifested
dielectrophoresis force in accordance with a spatially non-
uniform electric field exhibited by a target entity would be a
natural occurrence. Thus, the instant claimed invention provides
a way of actually detecting something which might occur in nature
and such detection cannot merely be dismissed as inherently
occurring in nature.
Since Bakhoum does not, in any way, relate to
dielectrophoresis force or to dielectrokinesis effects, as
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