Appeal 2007-2807
Reexamination 90/006,511
Patent 5,156,811
In any event, the level of ordinary skill in the art is not so low that a
person with ordinary skill would not recognize, without need of any specific
teaching from a prior art reference, that suction for a pipette can be provided
by a mechanical device such as a suction bulb. A certain level of basic skills
is presumed. The patentee does not, and cannot, reasonably contend that one
with ordinary skill in the art would not know that suction for operating a
pipette can be provided through a mechanical suction device such as a bulb.
The patentee’s claims require the plug member to be positioned
within a pipette tip. In the context of the patentee’s specification, a pipette
tip is that end part of the pipette providing the passage way leading to the
liquid sample to be drawn. Sharpe’s disclosed pipette, however, discloses
the filter positioned in the upper part of the pipette closest to the end leading
to a suction source, and not in the pipette tip. However, from a technical
perspective, that is a difference without distinction. The examiner is correct
that one with ordinary skill in the art would have known that the filter may
be placed anywhere within the pipette behind the space intended to hold the
liquid sample. Cited for that proposition by the Examiner, Puchinger
discloses a pipette including a filter device and explicitly states
(Abstract:12-14) “The filter may be arranged in the lower end of the
retaining cone (8) or in the pipette tip (10) or in an interposed member.” In
column 4, lines 19-24, Puchinger also states:
In one alternative the interfittable filter element is initially fitted
on the retaining cone so that the filter element is incorporated in
the pipetting device. In the other alternative the filter element is
inserted into the pipette tip, which is thus provided with an
additional cone that includes the filter.
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