Ex Parte CHAN et al - Page 11




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

          which the reference liquid contacts the sample liquid and the               
          possibility of cross contamination is increased.  Therefore, as             
          the Examiner asserts, one of ordinary skill in the art would                
          have used the recirculating layout of Hofmeier for the reference            
          liquid of Europe which includes a constraint junction wherein               
          contamination of the reference fluid is less likely.                        
               Based on our findings related to the applied prior art and             
          the analysis made above, we find that the Examiner has                      
          established a prima facie case of obviousness.  Therefore, the              
          35 U.S.C. § 103 rejection of claim 47 over Europe and Hofmeier              
          and of claim 49 over Europe, Hofmeier and Covington is                      
          sustained.                                                                  


















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