Appeal No. 97-3097
Application 08/030,488
1948). Claim 10, and claim 11 dependent thereon, therefore do
not comply with the statute.
Claim 13 is drawn to a cover, as follows:
13. A cover which can be fitted to a septum-sealed
culture bottle, the cover incorporating locating means, that
can enable the bottle and cover to be positively located in a
container holding means of an apparatus according to claim 12.
The reference to claim 12 in this claim renders it (and
dependent claim 14) indefinite. It is not clear whether claim
13 is intended to be drawn to (i) a cover per se, in which
case it cannot be determined what limitations, if any, of
claim 12 are included in it, or (ii) a cover in combination
with the apparatus of claim 12, in which case the preamble is
misleading (this latter interpretation seems to be the one
adopted by the examiner).
Conclusion
The examiner’s decision to reject claims 1, 3 and 5 to 15
is reversed. Claims 10, 11, 13 and 14 are rejected pursuant
to 37 CFR § 1.196(b).
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences
based upon the same record must be filed within one month from
the date of the decision. 37 CFR § 1.197. Should appellants
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