Appeal No. 2004-0615
Application No. 08/761,063
width and is not limited, it reasonably appears that Takase
discloses, or would have fairly suggested, to one of ordinary
skill in the art, microchannels as Takase’s flow paths.
The appellants argue that Takase’s maximum disclosed disk
rotation speed is approximately 3,000 rpm (col. 7, lines 17-18)
and that at the high speeds required to drive fluid through
microchannels, Takase’s fluid would be displaced from Takase’s
open flow paths (brief, pages 13-14). This argument is not well
taken because, first, the appellants disclose that fluid can be
driven through microchannels using a disk rotation speed as low
as 1 rpm (specification, page 5, lines 10-11). Second, the fluid
displacement problem suggested by the appellants clearly would
not exist when Cottingham’s top film 72 is applied over Takase’s
flow paths.
The appellants argue that placing Cottingham’s top film over
Takase’s flow paths may interfere with the supply means (brief,
page 14). Like Cottingham (col. 8, lines 26-28), one of ordinary
skill in the art would leave a hole in the top film for a sample
port.
The appellants argue that Cottingham’s top film may
interfere with Takase’s measuring head 11 (brief, page 14), but
do not provide any support for this argument. Takase’s measuring
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