Appeal No. 2004-1887
Application No. 09/430,469
or that “the electrical control unit 21 comprises printed circuit
boards 101 mounted with electrical circuits for driving and
controlling the whole system 20, i.e. provide communication between
the analyzer and sample handling portions” (answer, page 11).
None of these or any other statements made by the Examiner in
the answer provide a basis for finding that Hikosaka anticipates
the claim 1 requirement “wherein the process analyzer is operably
coupled to the sample handling system to modify at least one sample
handling parameter based upon diagnostic information related to the
sample handling system.” Thus, the Examiner again has failed to
carry her initial burden of establishing a prima facie case of
anticipation. See Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.
In light of the foregoing and for the reasons expressed in the
brief, the § 102 rejection of claims 1-4, 15, and 21-25 as being
anticipated by Hikosaka likewise cannot be sustained.
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