Ex parte HALL et al. - Page 6




          Appeal No. 96-2608                                                          
          Application 08/068,498                                                      


          receive the removable and replaceable insert (4) which carries              
          the sample containers (6) in recesses defined therein.  The                 
          insert/adapter (4), while being spun, will have a “portion” that            
          lies radially inboard and a portion that lies radially outboard             
          with respect to the axis of rotation of the rotor.  We view the             
          “portion” that lies radially inboard as being the entire inner              
          surface of the insert/adapter (4) and we note that this surface             
          has openings therein defined by the spaces between the ribs(5)              
          of Stallmann’s insert.  In view of this understanding of the                
          rotor and insert/adapter of Stallmann, we find                              





          appellants’ arguments as set forth on page 5 of their brief to              
          be unpersuasive and we will therefore sustain the examiner’s                
          rejection of claims 1 and 2 under 35 U.S.C. § 102(b).                       

          As for the examiner’s rejection of claim 7 under 35                         
          U.S.C.   § 103 based on Stallmann, we will also sustain this                
          rejection.  In light of our discussions above regarding the                 
          insert/adapter (4) of Stallmann, we find appellants’                        

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