Ex parte UFFENHEIMER et al. - Page 4




          Appeal No. 95-1860                                                           
          Application 07/988,074                                                       





          Appellant argues that Bradley teaches a sample liquid container              
          mounting means operable to mount a closed sample liquid container            
          but not an open sample liquid container.  Appellant argues that              
          neither reference teaches a sample liquid container mounting                 
          means operable to mount either an open sample liquid container or            
          a closed sample liquid container.                                            
               The Examiner does not dispute the fact that neither Jones               
          nor Bradley teaches a sample liquid container mounting structure             
          that mounts either an open sample liquid container or a closed               
          sample liquid container.  However, the Examiner argues on pages              
          3-5 of the answer that the phrase "each of which is operable"                
          fails to set forth structure or a means plus function limitation.            
               The Appellant on pages 11 and 16 of the brief argues that               
          the Examiner's position is incorrect and without legal merit in              
          that the sample liquid means is to be construed to cover the                 
          corresponding structure as clearly defined in Appellant's                    
          specification, namely the universal sample liquid containers                 
          mounting apertures 72, 74, 76, 78, 80 and 82 which mount either a            
          closed sample liquid container or an open sample liquid container            
          therein.                                                                     

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