Appeal No. 2007-0495
Application No. 10/699,510
Kolosov does not disclose that a base oil and an additive are combined in a
mixing chamber prior to dispensing as recited in claim 23. However, relying on the
combined teachings of Kolosov and Shtein, the examiner concludes that (answer, p. 8):
[I]t would have been obvious to one of ordinary skill in the art at the time
of the instant invention to use a dispensing means having a mixing
chamber connected to a nozzle, similar to the configuration taught by
Shtein et al, in the apparatus and method of Kolosov et al so that a
lubricating base oil can be combined with an additive prior to dispensing
into one of the test receptacles or wells on the substrate, since Kolosov et
al teach that any type of known dispensing apparatus may be used to
deposit the samples on the substrate, and the use of the dispenser taught by
Shtein et al would allow the fluids and additive materials to be both mixed
and dispensed in a single operation, thus allowing the high-throughput
method of Kolosov et al to be performed even quicker and more
efficiently.
The appellants point out that Shtein is directed to depositing organic materials
onto a semiconductor device using a carrier gas. The appellants argue that one of
ordinary skill in the art of lubricating oils would not look to the teachings of Shtein.
Reply brief, pp. 2-3.
However, the examiner explains (answer, p. 12):
The reference to Shtein et al is not relied upon for its teaching of what it
deposits on a substrate, but rather, is relied upon for its teaching of the
structure of a dispenser that serves to pre-mix reagents together therein
before dispensing them onto a substrate.
According to Kolosov, the disclosed lubricants may be dispensed onto a substrate
using any suitable dispensing apparatus. Kolosov also suggests that the disclosed
lubricant compositions may comprise a lubricant and an additive. Shtein discloses a
deposition apparatus comprising a mixing chamber for mixing materials prior to
deposition on a substrate.
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