Appeal No. 2006-0103 Page 7
Application No. 10/172,892
Appellants argue that the claim language “defines the structure of the ‘form-in-
place gasket’ relative to the other features of the assay chamber. It should also be noted
that the inherent meaning of the words of the limitation ‘form-in-place gasket’ . . . define
the dimensions of the gasket as a gasket that is formed where the gasket material is
placed. In addition, the ‘form-in-place gasket’ is formed on a surface and a fluid tight
seal is formed upon curing . . . of the gasket material. The ‘form-in-place gasket’
includes an additional inherent physical characteristic that the prior art does not include.”
Appeal Brief, pages 22-23.
We do not find this argument persuasive. It is true that the claims define the form-
in-place gasket as located between the substrate and the cover, but that limitation is met
by Chen. Chen also discloses a gasket “that is formed where the gasket material is
placed” and that forms a fluid-tight seal. See, e.g., page 11, paragraph [0158] (the
“gasket layer may be attached . . . [by] lamination, injection molding[,] gluing or any other
means”). Thus, we do not agree with Appellants’ position that the form-in-place gasket
limitation includes any physical characteristic not possessed by Chen’s gasket.
Appellants also argue that, according to the definition in the specification, a “form-
in-place gasket” is defined by structural characteristics, and is therefore not a product-by-
process limitation. Appeal Brief, page 23. See also page 24:
[T]he specification states that the “form-in-place gasket” has a
predetermined configuration as defined by the surface on which the gasket
material is disposed. The specification elaborates on the meaning of
predetermined configuration . . . by stating that the “form-in-place gasket”
will have a certain spatial conformation on the gasket surface and
dimensions, as well as structural features such as conduits, chamber,
mixing features, and the like. Thus, the inherent meaning of “form-in-place
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