Appeal No. 1997-1669
Application No. 08/185,649
(3) Fujitsuka teaches a transport device for conveying
sample vials (7) to a sampling site for withdrawing material
from the vial that includes mixing the vial (7) with a drive
member (16) operable to move the vial from a resting position
and cause agitation of the vial contents (11) by reciprocally
pulsing the vial (7) while the vial is retained in a chamber
of the platen (1).
In reviewing the above facts, the examiner should
determine whether the subject matter recited in claim 30 as a
whole would have been obvious at the time the invention was
made to a person having ordinary skill in the art to which
this subject matter pertains over the combination of Chlosta
‘733, Natelson and Fujitsuka.
SUMMARY
In summary, the decision of the examiner to reject claims
13, 14, 16-19, 21, 30-36, and 42-46 under 35 U.S.C. § 103 is
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