Ex Parte Kidd - Page 4

                    Appeal 2007-3583                                                                                                     
                    Application 10/238,147                                                                                               
                            (1) Kidd discloses a container suitable for centrifuging, where the                                          
                                container contains an opening for receiving the sample, a cap with                                       
                                a microbe-impermeable filter element that allows gas flow into                                           
                                and out from the interior volume of the container, a cover placed                                        
                                on the caps for protection of the filter element, an annular                                             
                                protrusion extending from the surface of each cap for engagement                                         
                            with an annular lip around each well opening, and where the caps                                             
                            are designed to be completely detachable from the well or attached by                                        
                            hinges or some other connection (Answer 3-4; Kidd, Figs. 1-6;                                                
                            Abstract; col. 2, ll. 34-42; col. 3, ll. 1-6 and 28-30; col. 4, ll. 34-65;                                   
                            col. 5, ll. 12-15; and col. 7, ll. 24-55);                                                                   
                            (2) Gamble discloses a microplate assembly having a geometric array                                          
                                of wells, with glass vials inserted into each well, and closure                                          
                                comprising an array of caps, where the vial engagement ring of the                                       
                                cap snaps over the flange of the vials (Answer 5;Gamble,                                                 
                                Abstract; Fig. 1; col. 1, ll. 50-57; col. 2, ll. 3-8; and col. 3, ll. 28-                                
                                45);                                                                                                     

                                samples, where this need is met by the use of microplates having a                                       
                                plurality of sample wells, and a microplate assembly with a                                              
                                closure that can be quickly and easily applied to a plurality of the                                     
                                sample containers to allow rapid capping or uncapping of a full                                          
                                complement of vials in the microplate simultaneously (col. 1, ll. 7-                                     
                                12; col. 1, ll. 37-39; col. 2, ll. 9-11; and col. 5, ll. 39-50); and                                     
                            (4)  Gamble teaches that other embodiments of the invention include                                          
                                cap strips that cover one or more rows or columns of vials, or                                           

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