Appeal No. 1997-3015
Application No. 08/441,794
through" (col. 5, lines 20-24). As can be seen in Figure 4 of
Fernwood the plate or lid 11 has apertures 12 corresponding to
apertures in the gasket 14 such that when the assembly is
clamped the chambers 20 are not hermetically sealed, they are
open to the apertures 12 via membrane sheet 13. Membrane
sheet 13 is described as "of porous material" (col. 3, line
24) which is pervious to both gas and some liquids (col. 3,
lines 34-39).
Fernwood's disclosure is similar to the embodiments shown
in appellant's drawings, e.g. Figures 6-8 wherein the lid and
gasket have aligned holes with the tubes or wells in the plate
and the lid hole is separated from the tube or well only by a
gas permeable membrane. Appellant's claim 36 differs from the
embodiments of Figures 6-8 in that the lid, plate and gasket
cooperate to hermetically seal the sample containment chamber,
whereas in Figures 6-8 the lid, plate and gasket do not
hermetically seal the sample containment chamber. Claim 36
is, nonetheless, supported by the embodiment in appellant's
specification wherein it is disclosed that "[i]n another
embodiment (not shown), lid 32 has apertures corresponding to
well openings 25 on plate 23 so that samples can be introduced
6
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