Appeal No. 1997-2194 Page 16
Application No. 08/195,018
§ 103 is reversed.
We now turn to the examiner's rejection of claims 8 to 19
under 35 U.S.C. § 103. The lynchpin of this rejection is the
examiner's determination (answer, p. 6) that it would have
been obvious to one of ordinary skill in the art at the time
the invention was made to add liquid to the stored solid in
the vessel of Sacherer. We do not agree. Sacherer clearly
teaches to avoid liquid in his container since he desires to
keep the test strips (i.e., the stored solid) dry. We have
reviewed the reference to Cullen but find nothing therein
which would have suggested adding liquid to Sacherer's
container.
For the reasons set forth above, the examiner has failed
to establish the obviousness under 35 U.S.C. § 103 of the
subject matter of claims 8 to 19. Accordingly, the decision
of the examiner to reject claims 8 to 19 under 35 U.S.C. § 103
is reversed.
CONCLUSION
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