Appeal No. 1997-1726
Application No. 08/401,077
references. Upon our independent review of the prior art, we
find that the disclosures in Lameris, particularly at column
6, line 22 to column 7, line 47 are particularly relevant to
the claimed testing and analyzing method with respect to the
manipulative steps per se. However, while Lameris suggests,
at best, that a series of tests in a number of tests vessels,
such as in a block of translucent material provided with a
number of holes shaped to form test vessels, may be conducted
to rapidly determine the presence or absence of residues of
antibiotic in liquids such as milk, Lameris contains no
suggestion that such a procedure should be carried out in a
microtitration unit as structurally defined in the appealed
claim. Moreover, although Fisk arguably describes such a
structure (see the Figure 2 embodiment of Fisk), the examiner
has provided no persuasive reasoning or referred to any
objective evidence explaining why one of ordinary skill in
this art would have been led to carry out the Lameris process
in the Fisk culturing device. Finally, we find no teaching in
the applied prior art references wherein a biological test
fluid is added to different test reaction mixtures by flowing
it over the top edge of a partition of a container of a
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