Appeal No. 1997-3015
Application No. 08/441,794
into sample containment sites with a syringe or the like
through a resilient and self-sealing gasket without removal of
the lid" (page 13 lines 26-30). Thus, appellant discloses a
hermetically sealed sample containment site different from the
sample containment site in Fernwood which is covered by a gas
and liquid permeable layer, but is not hermetically (gas and
liquid impermeable) sealed.
Accordingly, since the teachings and suggestions found in
Fernwood do not anticipate the subject matter as a whole of
claims 30-33, 36 and 37 on appeal, we must refuse to sustain
the examiner's rejection of claims 30-33, 36 and 37 under 35
U.S.C. § 102(b).
We have also reviewed the Vogler '535, Vogler '611 and
Wong references additionally applied in the rejection of claim
38, but find nothing therein which makes up for the
deficiencies of Fernwood discussed above. Accordingly, we
cannot sustain the examiner's rejection of appealed claim 38
under 35 U.S.C. ' 103.
CONCLUSION
To summarize, the decision of the examiner to reject
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