Appeal No. 2006-1460
Application No. 10/033,315
by the fluid reservoir of Holl’s cartridge (e.g., see the first
full paragraph on page 3) since an embodiment of the claim 1
“operative component” includes a “fluid reservoir” (e.g.,
dependent claim 3).
As for independent claim 13, the appellants argue that Holl
contains “no express disclosure of vias extending between levels
within a multi-layer laminated substrate for fluid communication
between microscale fluid flow channel[s] of different levels”
(brief, page 16). This is incorrect. Holl repeatedly teaches
the presence of such vias in his microfluidic substrate assembly.
See, for example, the paragraph bridging pages 4-5 and the first
full paragraph on page 16.
The appellants further argue that Holl fails to expressly
teach the independent claim 27 feature “wherein at least first
and second layers of the multi-layer laminated substrate are
selectively welded to each other to form a fluid-tight seal at
least along a channel within the multi-layer laminated substrate”
(see pages 16-17 of the brief). We cannot agree. The layers of
Holl’s multi-layer laminated substrate are explicitly disclosed
as being welded to each other (e.g., see the sentence bridging
pages 4-5, and the paragraph bridging pages 18-19). Moreover, as
correctly indicated by the examiner, this welding is selective in
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