Appeal No. 2004-1692
Application No. 09/871,863
and 21 on appeal is described by Heilmann within the meaning of
section 102(b). Contrary to appellants’ arguments, the claims do
not require any direct physical connection between the curved vanes
and the body. As admitted by appellants (Brief, page 18), the
guide ribs of Heilmann “extend” from the plate that is separately
connected to the closure cap. Heilmann teaches that the closure or
“end” caps are designed to be placed on the end of the dialyzer
housing (page 4, last paragraph). Therefore we find that the
curved flow directing elements of Heilmann “extend” or stretch
forth from the “body” or end cap, thus describing the elements of
claims 1 and 21 on appeal.5 We further find that the “members”
taught by Heilmann are located next to or side by side as part of
the blood inlet unit (see Figures 1 and 3 of Heilmann, especially
“28" located within the end cap 24 in Figure 3).
For the foregoing reasons and those stated in the Answer, we
determine that each and every element recited in claims 1, 12 and
21 is described within the meaning of section 102(b) by Heilmann.
We adopt the examiner’s findings of fact from page 4 of the Answer
concerning the limitations of claims 3-11 (see the Brief, page 16).
5We note that Heilmann teaches that the flow-directing
system “diverts the blood in an essentially radial fashion” (page
8, second full paragraph), thus describing the “circular motion”
recited in claim 21 on appeal.
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