Ex Parte Schmidt et al - Page 3

                Appeal 2006-2813                                                                                 
                Application 10/168,887                                                                           
                11, 13, 14, 15, 18, and 21-26 stand rejected under 35 U.S.C. § 103(a) as                         
                being unpatentable over Corbin.  Also, claims 1-6 stand rejected under                           
                35 U.S.C.  § 103(a) as being unpatentable over Lawrence in view of Blaney,                       
                while claims 7-27 stand rejected under 35 U.S.C. § 103(a) as being                               
                unpatentable over Lawrence in view of Blaney and Corbin.1                                        
                       We have thoroughly reviewed each of Appellants' arguments for                             
                patentability.  However, we agree with the Examiner that the claimed subject                     
                matter is unpatentable over the applied prior art.  Accordingly, we will                         
                sustain the Examiner's rejections for the reasons set forth in the Answer,                       
                which we incorporate herein, and we add the following primarily for                              
                emphasis.                                                                                        
                       Appellants do not set forth specific arguments for any particular claim                   
                on appeal.  Accordingly, the groups of claims separately rejected by the                         
                Examiner stand or fall together.                                                                 
                       We first consider the Examiner's rejection of claims 1-4, 6-10, 12, 16,                   
                17, 19, and 20 under § 102 over Corbin.  There is apparently no dispute that                     
                Corbin describes a liquid handling member comprising first and second                            
                zones separated by membrane material having an actual surface area that                          
                falls within the claimed range and is capable of maintaining a pressure                          
                differential between the two zones without permitting air to penetrate from                      
                the first to the second zone.  Appellants' principal argument is that "Corbin                    
                fails to disclose a liquid handling member with a second zone that is                            
                connected to a suction device" (page 4 of principal Brief, last paragraph).                      
                Although there is no dispute that Corbin explicitly teaches applying a                           
                                                                                                                
                1  The Examiner has withdrawn the rejection of claims 1-17 under 35 U.S.C.                       
                § 112, first paragraph (see page 13 of Answer, second paragraph).                                
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