Appeal No. 1998-1786 Page 2
Application No. 08/486,150
from a non allowed claim. Claims 1 through 35, 37 and 51
through 66 have been canceled.
We AFFIRM, however, for reasons explained infra, we
denominate our affirmance a new ground of rejection under 37
CFR § 1.196(b).
BACKGROUND
The appellants' invention relates to a fluid sample
collection device (claims 36 and 38 through 46) and a method
of collecting fluid samples with a fluid sample collection
device (claims 67 through 69). An understanding of the
invention can be derived from a reading of exemplary claim 36,
which appears in the appendix to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Diamond et al. 4,272,245 June 9,
1981
(Diamond)
White 4,393,882 July 19,
1983
Kelley 5,257,984 Nov. 2,
1993
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