Ex parte POWLES et al. - Page 7




          Appeal No. 97-4459                                         Page 7           
          Application No. 08/421,063                                                  


          (e.g., the enlarged portion is transparent to allow magnified               
          viewing of the cell collection chamber by other means.                      


               The specification at page 24, lines 15-23, provides                    
          support for the body having an enlarged portion adjacent the                
          proximal extremity of the tubular member permitting magnified               
          viewing of the cell collection chamber.  The specification                  
          states that body 241 (shown in Figure 18) is provided with an               
          enlarged spherical portion 261 which serves as a convex lens                
          which provides magnification of the interior of the conical                 
          chamber 246 so as to make it possible to readily envision when              
          aspirate is drawn through the tubular member 232 into the                   
          conical chamber 246.  The specification provides no support                 
          that the enlarged portion is transparent to allow magnified                 
          viewing of the cell collection chamber by other means.                      


               For consistency with the above-noted disclosure and the                
          argument raised by the appellants in their brief and reply                  
          brief that the claimed magnified viewing caused by the                      
          enlarged portion is not taught or suggested by the applied                  
          prior art, we interpret the claimed limitation that the body                







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