Ex Parte Manz et al - Page 2



               Appeal No.  2005-2077                                                                                               
               Application No. 10/046,564                                                                                          

                                                       BACKGROUND                                                                  
                       The present invention relates to a micro-fabricated chromatographic system including                        
                 an apparatus for transporting fluid through a fluid inlet, a separation channel and through a                     
                 fluid outlet in order to implement a chromatographic analysis of the fluid.  (Brief, page 3).                     
                 Representative claim 1, as presented in the appendix to the Brief, appears below:                                 
                 1.  A micro-fabricated chromatographic system, said system comprising:                                            
                 a transport channel including at least one fluid inlet and a separation channel; and                              
                 an evaporator including at least one evaporator channel arranged to receive fluid, each                           
                 evaporator channel having at least one open fluid outlet operable to evaporate fluid at the at                    
                 least one fluid outlet so as to cause the flow of fluid through the transport channel.                            
                         The Examiner cited the following references in rejecting the appealed claims:                             
                 Overton    US 6,068,684   May 30, 2000                                                                            
                 Sutton et al. (Sutton)  US 6,103,112   Aug. 15, 2000                                                              
                 Zare et al. (Zare)   US 6,136,187   Oct.  24, 2000                                                                
                 Hatch    US 6,238,565   May  29, 2001                                                                             
                 Henderson et al. (Henderson) US 6,258,263   July   10, 2001                                                       
                 Miyazaki (EPA)   EP 0 568 024 A2  Nov.   3, 1993                                                                  
                       The Examiner entered the following rejections (Answer, pages 3-6):                                          
                         Claims 1, 5, and 7-19 stand rejected under 35 U.S.C. § 103(a) as obvious over                             
                 Henderson in view of Miyazaki.                                                                                    
                       Claims 3 and 4 stand rejected under 35 U.S.C. § 103(a) over Henderson in view of                            
                 Miyazaki and further in view of Zare.                                                                             
                       Claim 6 stands rejected under 35 U.S.C. § 103(a) as obvious over Henderson in view                          
                 of Miyazaki and further in view of Sutton or Overton.                                                             




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