Appeal No. 95-0526
Application No. 08/038,533
(c) a horizontal internal support plate disposed in said
housing and spaced from said upper surface, said
internal support plate having defined therein a
plurality of openings to frictionally engagingly
accommodate therein the proximal, narrower, ends of
said upper portions of a said micropipette tips; and
(d) corresponding pairs of said openings in said internal
support plate and said upper surface being vertically
aligned coaxially so that said micropipette tips can be
supported in a vertical position in said package and
releasably held therein by interference fits at said
upper surface and said internal support plate.
The references relied upon by the Examiner are:
Scordato et al. (Scordato) 3,853,217 Dec. 10, 1974
Citrin 4,187,724 Feb. 12, 1980
Rainin et al. (Rainin) 4,676,377 June 30, 1987
Lyman et al. (Lyman) 4,824,642 Apr. 25, 1989
Freeman et al. (Freeman) 5,063,790 Nov. 12, 1991
Brochure, Cole-ParmerŪ Instrument Co. 1, 258, 268-69, 829
(1993-1994)2
After having reviewed the references in light of the
arguments raised by appellant, we find that we cannot sustain
these rejections for the reasons set forth in appellant’s brief.
It is axiomatic that a rejection under 35 U.S.C. § 103 must
rest on a factual basis. In re Warner, 379 F.2d 1011, 1017,
2On pages 12 and 13 of the Answer, the examiner relies
upon the Cole-Parmer reference to support his conclusion of
obviousness. We have not considered this reference since it is
not positively included in the statement of any of the rejections
before us. In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406,
407, n. 3 (CCPA 1970).
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