Ex Parte Endo - Page 7



         Appeal No. 2005-1943                                                       
         Application No. 09/091,508                                                 
              We also note that in column 5 of Pall ‘923, beginning at              
         line 4, Pall teaches that it is understood that any type of                
         filter element can be employed for the primary and reserve filter          
         elements as the system may require.  Pall teaches that the filter          
         element need not be in corrugated form although it is desirable            
         because higher dirt capacity and higher filtrate flow rate result          
         from the greater surface area of the element, thus providing a             
         greater surface area for flow through a small envelope.  Pall              
         ‘923 also teaches, in column 5, at lines 42-54, that flow                  
         conditions of all kinds can be met by appropriate design.  Pall            
         ‘923 also recognizes the importance of differential pressures in           
         connection with protecting the filter elements.  See column 4,             
         lines 70 through column 5, line 2.                                         
              In view of the above, we agree with the examiner that one of          
         ordinary skill in the art would appreciate design choices (such            
         as pressure differential as a function of various parameters               
         including length and diameter of the fluid flow path) in making a          
         separation element.                                                        
              With regarding to additional arguments found in the reply             
         brief, beginning on page 1 of the reply brief, appellants argue            
         that Pall ‘923 discloses a primary filter and a reserve filter             
         but the primary and reserve filters do not include open joiner             
         caps and do not function as a single longer element.  Appellants           
         argue that joiner end caps are end caps that can be connected to           
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