Ex Parte BACHMAN et al - Page 6


             Appeal No. 2001-0352                                                                                   
             Application 08/872,097                                                                                 

                    For purposes of illustration, we will attempt to read this rejection upon claim 23,             
             as viewed in the claim chart, which follows:                                                           
             Claim 23 Elements                             Rejection                                                
             A universal fluid exchanger, comprising:      Not discussed                                            
             a plurality of reaction vessels;              The Examiner does not state whether                      
                                                           there is a disclosure of a plurality of                  
                                                           vessels in Gleave or Panetz.                             
             a reaction vessel support disposed to hold    The Examiner states that there is a                      
             the plurality of reaction vessels in a        reaction vessel support 23.                              
             preferred orientation;                                                                                 
             a plurality of injection ports, each injectionThe Examiner states that Gleave fails to                 
             port including a pressure seal, situated to   recite a plurality of injection and                      
             provide access to one of said reaction        evacuation ports supported by top and                    
             vessels, the plurality of  injection ports    bottom plates.  We, however, do not see                  
             operable for the injection of liquids into    the need for the examiner to account for a               
             said reaction vessels;                        support limitation in claim 23, as the claim             
                                                           includes no such limitation.                             
             a plurality of evacuation ports, each         See immediately above.                                   
             evacuation port including a pressure seal,                                                             
             situated to provide access to one of said                                                              
             reaction vessels, the plurality of                                                                     
             evacuation ports operable for the                                                                      
             evacuation of fluids from said reaction                                                                
             vessels;                                                                                               
             injection and evacuation fittings formed to   The Examiner states that injection and                   
             matingly engage said respective injection     evacuation fittings 161 and 164 matingly                 
             and evacuation ports and to thereby           engage the injection and evacuation ports.               
             enable the delivery of fluids to the reaction                                                          
             vessels and the evacuation of fluids from                                                              
             said reaction vessels; and                                                                             
             an actuator for controlling selectively       The Examiner does not state where in                     
             aligning the injection and evacuation ports   Gleave or Panetz this feature is found.                  
             of the plurality of reaction vessels and the                                                           
             injection and evacuation fittings,                                                                     
             respectively.                                                                                          

                    As can be seen from the chart above, the rejection is deficient in four elements of             
             the claim.  Further, the rejection (see especially the last paragraph) provides little                 
             guidance in how to apply the art to the claims.  This merits panel is unsure which                     

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