Appeal No. 2007-0281
Application No. 10/444,073
the alleged admissions in the specification as evidence that the resulting
medium would inherently have the CSF values recited in claim 1. (Id.)
Appellant “disputes that Heagle et al[.] suggests employing a
combination of fibrillated and non-fibrillated fibers to form a blood
separating medium comprised of the particular amount of fibrillated fibers as
claimed having the particular degree of fibrillation as claimed so as to
separate erythrocytes from whole blood.” (Br. 10, emphasis in original.)
Appellant also argues that “the true artisan would recognize that Heagle et
al[.] and Baumgardner are not combinable in the first instance and, even if
combined, the presently claimed invention would not result since there is
absolutely no guidance provided by either to achieve the function of red
blood cell separation by the components claimed.” (Reply Br. 7-8.) Finally,
Appellant argues that “[t]here is no teaching at all of any fibrillated fibers
and/or their possible functional significance in separating erythrocytes.” (Id.
at 9.)
We will reverse the rejection. The Examiner argues that it would
have been obvious to combine the components of the filters taught by
Heagle and Baumgardner, and to adjust the proportion of the different fibers
to produce a product meeting the limitations of claim 1. We disagree. In
our view, even if the components of Heagle’s and Baumgardner’s filters
were combined, they would not be expected to produce a product having the
CSF values recited in claim 1.
The Examiner relies on the specification and the Internet article for
evidence that Heagle’s fibrillated fibers would inherently have CSF values
of less than 300. (Answer 8.) The Internet article describes CFF® fibers as
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