Appeal No. 1997-1669
Application No. 08/185,649
that agitate and heat the sample vials during preparation.
The examiner concluded that it would have been obvious to one
of ordinary skill in the art at the time the invention was
made to incorporate an agitation step during heating as taught
by Natelson or Yamano, using the motion of Fujitsuka, into the
Stone device to facilitate thorough mixing of the sample.
As set forth above, we are in agreement with appellants
(brief, pages 8-13) that, absent impermissible hindsight, the
combined teachings of Stone, Otson, Chlosta ‘733, Smith and
Lorch simply fail to disclose or provide any suggestion to
heat the racks while on the carousel of Stone or of heating
the carousel that carries the racks; nor any suggestion of
using a rod for inserting or removing the vials from chambers
while the racks are on the carousel of Stone. The addition of
Fujitsuka, Natelson or Yamano to teach agitation devices to
agitate sample vials and methods that include agitating and
heating samples does not provide support or a suggestion for
heating the racks while on the carousel of Stone or heating
the carousel that carries the racks; nor any suggestion of
using a rod for inserting or removing the vials from chambers
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