Ex Parte Surh et al - Page 3

                 Appeal 2007-0170                                                                                        
                 Application 10/262,510                                                                                  
                        insulating material and said second piece of insulating material face                            
                        each other, wherein said first exposed cross-section and said second                             
                 exposed cross-section and said first piece of insulating material and                                   
                 said second piece of insulating material form a closed fluid channel                                    
                 having four sides and two openings.                                                                     
                                3.  The apparatus of claim 1, wherein said first spaced                                  
                        relationship and said second spaced relationship both comprise a                                 
                        distance of about d, and wherein said distance d defines a width of                              
                        said fluid channel.                                                                              
                                11.  The apparatus of claim 3, wherein said d comprises a                                
                        distance of at least 1 µm.                                                                       
                 II.  PRIOR ART                                                                                          
                        The Examiner has relied upon the following sole reference as                                     
                 evidence of unpatentability:                                                                            
                 Pisharody   US 2004/0146863 A1  Jul. 29, 2004                                                           

                 III.  REJECTIONS                                                                                        
                        The Examiner has rejected the claims on appeal as follows:                                       
                        1) Claim 11 under 35 U.S.C. § 112, first paragraph, as containing                                
                 subject matter not described in the application disclosure as originally filed;                         
                        2) Claims 1, 3, 4, and 7 under 35 U.S.C. § 102(e) as anticipated by                              
                 the disclosure of Pisharody; and                                                                        
                        3) Claims 5 and 11 under 35 U.S.C. § 103 as unpatentable over the                                
                 disclosure of Pisharody.                                                                                






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