Appeal No. 1999-0551 Page 4
Application No. 08/636,431
reference disclosure, as viewed by a person of ordinary skill in the field of the invention.” Scripps
Clinic & Research Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed.
Cir. 1991). In the present case, as pointed out by Appellant, the claims require that the membranes
have a finer porous structure than the sidewall and Yamamoto does not describe such a structure
(Reply Brief, pages 1-2). In fact, Yamamoto describes the exact opposite structure, i.e., the inner and
outer sheets are to have larger pores than the membrane sandwiched therebetween (col. 12, lines 29-
31). As there is a difference between the claimed invention and the reference disclosure, there is no
anticipation.
Obviousness over Connolly and Zievers
Appellant’s claims 1 and 5 require a filter member to have a porous sidewall wherein the
sidewall has an outer surface and an inner surface which allow a gas to flow through. In communication
with the outer surface is a first membrane which prevents particulate matter from penetrating into the
sidewall from the outer surface. In communication with the inner surface is a second membrane which
prevents particulate matter from penetrating into the sidewall from the inner surface. Both the first and
second membranes have a finer porous structure than the sidewall.
Zievers describes a candle filter that employs a wrapping of continuous filamentary ceramic2
material (14) over a porous ceramic support structure (12). A membrane (16) is applied to the outer
surfaces of the ceramic support and the filamentary ceramic material. (Col. 3, ll. 27 to 28.) The outer
2The number designations refer to the drawing of Figure 2.
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