Appeal 2007-2807
Reexamination 90/006,511
Patent 5,156,811
The patentee explains (Spec. col. 1:49-61) that prior art attempts to
solve the problems are unsatisfactory because they involve using a barrier
made of cotton or similar material which does not completely block the
passage of aerosol droplets and which also, if contacted by liquid, will draw
the liquid through to the topside by a wicking action where there is nothing
to prevent it from contacting the suction device.
In the Summary of the Invention section, the specification states: “It
is an object of the present invention to provide a new and improved pipette
device for drawing and dispensing liquid samples.” Solving either one of
the two above-noted problems, i.e., contamination by passage of aerosol
vapors or contamination by wicking action of barrier material when
contacted by liquid sample, constitutes an improvement over the prior art.
The examiner is correct that the problem with which the inventor is
concerned or involved is not solely that of passing aerosol droplets through
the barrier but also wicking action of the barrier material which passes liquid
from one side to the other of the barrier.
Ferri is analogous art if it is reasonably pertinent to either one of the
above-noted problems with which the inventor was involved. It is
reasonably pertinent at least to the second problem, contamination by
wicking action of the barrier material when in physical contact with a liquid
sample. Ferri discloses a valve or filter which becomes substantially
impervious to the flow of gas or liquid through it, when it is contacted with
liquid. Ferri’s valve or filter is reasonably pertinent to one with ordinary
skill who is attempting to solve the problem of a barrier material which
wicks from one side to the other when contacted with a liquid sample. One
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