Appeal No. 1996-1877
Application No. 08/149,716
In the other rejections under 35 U.S.C. § 103 before us
on appeal, the examiner has again relied upon Chlosta in view
of Natelson or Yamano taken further in view of Greaves or
Harris, and on Chlosta in view of Natelson or Yamano,
Fujitsuka and Jakubowski. In each of these rejections the
references to Greaves, Harris, Fujitsuka and Jakubowski are
relied upon to teach or suggest the use of various forms of
agitation in the preparation of samples for chromatographic
analysis, with the examiner concluding in each instance that
it would have been obvious to one of ordinary skill in the art
to incorporate an agitation step as taught in Natelson or
Yamano into the method of Chlosta using the particular motion
of Greaves or Harris to facilitate thorough mixing of the
sample prior to analysis. Jakubowski is relied upon to
evidence knowledge in the art that
different compounds for sample analysis may require different
operating conditions and particularly different shaking or
agitation intensities.
The Declarations of Donald W. Harris, the President and
General Manager of Tekmar Company (assignee), Zelda Penton,
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