Ex Parte WARDLAW - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 32           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                             Ex parte STEPHEN C. WARDLAW                              
                                                                                     
                                Appeal No. 2003-1489                                  
                             Application No. 09/256,486                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, GARRIS and KRATZ, Administrative Patent Judges.              
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-15,             
          17-20, 22, 23, 28, 29, 31, 33 and 40-44.  Claims 21 and 24-27,              
          the other claims remaining in the present application, have been            
          allowed by the examiner.  Claim 1 is illustrative:                          
          1.   A container for holding a biologic fluid sample for                    
          analysis, said container comprising:                                        
               a chamber having a first wall and a transparent second wall,           
          wherein a fluid sample quiescently residing within said chamber             
          is imageable through said second wall;                                      

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