Ex Parte Krulevitch et al - Page 2



               Appeal 2007-1019                                                                       
               Application 09/851,231                                                                 

                    an etched open microchannel in said etched substrate,                             
                    an annealed substrate positioned on said etched substrate that covers             
               said etched microchannel in said etched substrate,                                     
                    an annealed open microchannel in said annealed substrate over said                
               etched microchannel in said etched substrate, and                                      
                    a bond connecting said etched substrate to said annealed substrate,               
               wherein said etched open microchannel and said annealed open                           
               microchannel comprise said sealed open microchannel.                                   
                    The Examiner relies upon the following reference in the rejection of              
               the appealed claims:                                                                   
               Cammack US 5,574,327 Nov. 12, 1996                                                     
                    Appellants’ claimed invention is directed to an apparatus comprising a            
               substrate having a microchannel etched therein and a substrate having                  
               formed therein an annealed open microchannel.  A bond connects the etched              
               substrate to the annealed substrate.  Claims 17-19 recite the claimed                  
               apparatus in product-by-process format.                                                
                    Appealed claims 11, 13-15, 17, and 19 stand rejected under 35 U.S.C.              
               § 102(b) as being anticipated by Cammack.  Claims 12, 16, and 18 stand                 
               rejected under 35 U.S.C. § 103(a) as being unpatentable over Cammack.                  
                    We have thoroughly reviewed each of Appellants arguments for                      
               patentability.  However, we find that the Examiner’s rejections are well               
               founded and in accord with current patent jurisprudence.  Since we find                
               ourselves in complete agreement with the Examiner’s reasoned analysis and              
               application of the prior art, as well as her cogent disposition of the                 
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