Appeal No. 1997-3015
Application No. 08/441,794
BACKGROUND
The appellant's invention relates to an apparatus for
prevention of cross contamination of multi-well test plates
(specification, p. 1). A copy of the claims under appeal is
set forth in the appendix to the appellant's brief.1
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Fernwood et al. (Fernwood) 5,141,719 August 25, 1992
Wong 5,227,139 July 13, 1993
Vogler et al. (Vogler '535) 5,326,535 July 5, 1994
Vogler et al. (Vogler '611) 5,344,611 September 6, 1994
Claims 30-33, 36 and 37 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Fernwood.2
Claim 38 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Fernwood in view of Vogler '535, Vogler '611
and Wong.
Rather than reiterate the conflicting viewpoints advanced
by the examiner and the appellant regarding the above-noted
rejections, we make reference to the examiner's answer (Paper
No. 14, mailed March 7, 1997) for the examiner's complete
1 In claim 36 in the appendix "plurality" is incorrectly spelled "plurallity".
2 The examiner's reference to claims 30-37 (answer, page 3) appears to be an
inadvertent error in view of the cancellation of claims 34 and 35 in the
2
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