Ex parte BUSCHEK et al. - Page 14




          Appeal No. 1997-2194                                      Page 14           
          Application No. 08/195,018                                                  


               (at least two years). This tight sealing must also be                  
               maintained when the container is opened often (typically               
               50 times) in order to remove individual test strips.                   
                    In order to absorb the moisture which unavoidably                 
               gets in during the opening and closing of the test strip               
               container, it must contain a sufficient amount of a                    
               drying agent.                                                          

          Sacherer further teaches (column 3, lines 23-37) that the                   
          stopper (3) is made of a synthetic resin, preferably                        
          polyethylene or polypropylene and that the drying agent cell                
          (6) is covered with a water vapour-permeable cardboard disc                 
          (10).                                                                       


               The examiner determined (answer, pp. 4-5) that claims 1                
          to 3, 6 and 7 differ from Sacherer by specifying a specific                 
          surface tension range (i.e., a surface tension for wetting                  
          which is smaller than 70 mN/m) and that the cardboard of                    
          Sacherer (i.e., cardboard disc (10)) would appear to encompass              
          the claimed surface tension range.  The appellants argue                    
          (brief, pp. 11-13) that the cardboard disc (10) of Sacherer                 
          would not encompass the claimed surface tension range.                      










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