Appeal No. 2001-0558
Application No. 08/966,708
prior art does not respond to the limitations in independent
claim 32 relating to the bonding strip.
Witty discloses a self-contained reagent package and
calibration assembly comprising a plurality of reagent package
devices 10 and a reagent standards device 50. Each reagent
package device includes a plurality of wells with open top
ends and a removable protective cover 21 sealed to the top of
the package to close the open top ends of all but one of the
wells. The reagent standards device includes a plurality of
receptacles having open top ends and a removable protective
cover 60 substantially similar to the removable cover 21 for
closing these open top ends.
In proposing to combine the admitted prior art and Witty
to reject claim 32, the examiner submits that
Witty et al suggest providing a strip of bonding
material 60 over a plurality of test tubes 68 to
seal the respective openings to protect the test
cells from contamination and provide a surface for
labeling information. Therefore, it would have been
obvious in view of Witty et al to provide a strip of
protective material to cover the openings of the
cuvettes of the Admitted Prior Art and to assemble
them into one package for shipping. One of ordinary
skill in the . . . art would readily understand
the width of the strip can be decreased as long as
the strip covers the openings of the cuvettes and
would have found it obvious to alter the width of
the strip to anything less than the width of the
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