Appeal No. 2006-1787
Application No. 09/746,361
With the above discussion in mind, we find that the Gilby
reference teaches an optical scheme that mates the substantially
planar surfaces (102, 110) of a hyper-hemisphere and a hemisphere
(100, 106) such that their combined curved groves (104, 112) form
a channel (114). Gilby also teaches that a fused silica
capillary (116) is disposed inside of the channel (114).
Additionally, Gilby teaches that the air space (118) between the
fused silica capillary (116) and the channel (114) is filled with
an index matched liquid or gel in such a way that the gel is
placed around the capillary. One of ordinary skill in the art
would have duly recognized from Gilby’s teachings that the mating
of the hyper-hemisphere and the hemisphere results in a capillary
body, where outer surfaces of hyper-hemisphere (100) and the
hemisphere (106) are equivalent to the claimed exterior wall
surface while the disclosed channel (114) amounts to the claimed
interior wall surface that defines an elongate separation
chamber. The ordinarily skilled artisan would have also realized
that Gilby’s teaching of placing the index matched liquid or gel
between the channel (114) and the capillary (116) amounts to the
channel (114) or interior wall surface of the capillary body
being in direct contact with the liquid or gel. Additionally, the
ordinarily skilled artisan would have realized that the tubular
body (116) inserted in the channel is equivalent to the claimed
transmissive window, of which the interior wall needs not be in
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