Appeal 2007-1687
Application 10/136,781
includes teeth coupling structure on the end plate 22 and the tension plate 24
(Bisaka 4, ¶ [0067]) whereby positional adjustment of an amount smaller
than the pitch of the teeth is impossible (Bisaka 4, ¶ [0069]). That is to say,
the adjustment is not continuous but, instead, is limited to discrete amounts
no smaller than the teeth of serration 29.
The Examiner relies on Edwards to supply the above-noted deficiency
of Bisaka. In this regard, the Examiner finds that “Edwards discloses
providing side plates having elongated slots 15 through which fastening
bolts are disposed (Figs. 1 and 4)” and that “[t]he elongated slots provide for
variances in height of the stack” (Answer 7). According to the Examiner, “it
would have been obvious to one of ordinary skill in the art at the time the
claimed invention was made to modify the teachings of Bisaka by replacing
the indexing feature [i.e., the teeth coupling structure of serration 29] of the
end plates and side plates with a continuous adjustment means [i.e., the
elongated slots and fastening bolts of Edwards] since it would have provided
a greater control of the compressive force on the stack” (id. at 7 and 20).
The Examiner’s obviousness conclusion is not supported by the
applied reference evidence. While it is true that Edwards discloses
elongated slots or holes 15 and fastening bolts or screws 14 (Edwards, col. 3,
ll. 40-46), these elements are for attaching the inlet/outlet plate 13 to the
plate and membrane stack of Patentee’s blood oxygenator (Edwards,
Abstract, col. 3, ll. 26-28 and 44-46). Significantly, these elongated holes 15
and screws 14 do not provide the stack compression function performed by
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Last modified: September 9, 2013