Ex Parte Mahendran et al - Page 3



           1          B.  Issues                                                                               
           2          There are two principal issues.                                                          
           3          The first issue is whether appellants have established that the                          
           4    Examiner erred in rejecting claims 1, 8-9, 17 and 22 as being anticipated                      
           5    under 35 U.S.C. § 102(b) by Mahendran.                                                         
           6          The second issue is whether Appellants have established that the                         
           7    Examiner erred in rejecting claims 1, 8-9, 17 and 22 as being unpatentable                     
           8    under 35 U.S.C. § 103(a) over the combination of Mahendran and Brun.                           
           9          C.  Findings of fact                                                                     
          10          The following findings of fact are believed to be supported by at least                  
          11    a preponderance of the evidence.  To the extent a finding is a conclusion of                   
          12    law, it may be treated as such.                                                                
          13          The invention on appeal relates to a separation membrane.                                
          14    Specification, page 1, ¶ 0002; Fig. 3.                                                         













          15                                                                                                   
          16          With reference to Fig. 3, the separation membrane 30 is composed of                      
          17    a tubular braid support 31 made of woven yarn having a “lumen” (inner                          

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