Ex Parte CHAN et al - Page 5




          Appeal No.  2001-0246                                                       
          Application No.  08/921,103                                                 

               Appellants contrast the claimed liquid junction solution               
          about a porous constraint with the prior art device and assert              
          that the disclosure of Europe is focused on the structure of the            
          constrained-diffusion junction or salt bridge that is                       
          permanently installed in a flow cell (brief, pages 13 & 14).                
          Appellants argue that Europe’s reference to fluid chamber 21 for            
          removal of the reference fluid is limited to elimination of air             
          bubbles without teaching or suggesting the flow of the reference            
          fluid at any other time (brief, pages 15 & 16).  Appellants                 
          further argue that Hofmeier’s teaching of circulating the liquid            
          junction relative to the sample solution pertains to a free-                
          diffusion junction and cannot be combined with the slat bridge              
          of Europe (brief, page 18 and reply brief, pages 2-4).                      
               The Examiner responds to Appellants’ arguments by pointing             
          out that the fact that a constraint junction can operate without            
          a flowing junction solution does not mean that flowing the                  
          reference fluid can not or should not be employed in a                      
          constraint junction (answer, page 6).  The Examiner adds that,              
          in fact, a flowing junction solution enhances the purity of the             
          solution in a constraint junction as it does in a free junction             
          (id.).  Additionally, the Examiner argues that Europe does teach            
          that the junction element is exposed to sample flow on one side             

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