Appeal No. 1997-1669
Application No. 08/185,649
Chlosta ‘436 to teach a temperature measuring probe on the
platen does not provide support to suggest 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 while the racks
are on the carousel of Stone. We again believe that the
examiner has used improper hindsight to come to the conclusion
that one of ordinary skill in the art would have combined the
teachings of Stone, Otson, Chlosta ‘733, Smith, Lorch,
Fujitsuka and Natelson or Yamano and Chlosta ‘436 to create
the transport device of claim 21 on appeal.
In light of the foregoing, we cannot sustain the
rejection of claim 21 under 35 U.S.C. § 103 as being
unpatentable over Stone in view of Otson, Chlosta ‘733, Smith,
Lorch, Fujitsuka, Natelson or Yamano and Chlosta ‘436.
OTHER ISSUES
The examiner and appellants should review the disclosure
of Chlosta ‘733 and determine whether this reference combined
with the disclosure of Fujitsuka and Natelson or other
relevant prior art would render obvious claim 30 under 35
17
Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: November 3, 2007