Appeal No. 2001-2139
Application 09/189,643
6. A method for coating a blood collection tube
comprising spraying a solvent dispersion of an additive to the
inside wall surface of a collection tube with an air nozzle
and drying said wall surface to leave a coating of additive
particles on said wall surface.
THE REJECTION
Claims 6 through 10 stand rejected under 35 U.S.C. §
102(e) as being anticipated by U.S. Patent No. 5,906,744 to
Carroll et al. (Carroll).
Attention is directed to the appellants’ brief (Paper No.
11) and to the examiner’s answer (Paper No. 12) for the
respective positions of the appellants and the examiner with
regard to the merits of this rejection.1
DISCUSSION
Carroll discloses a blood collection device 10 in the
form of a plastic or glass tube having an open end 16, a
closed end 18, an inner wall 12 and a stopper 14. The tube
contains a thixotropic polymeric gel 20 at its closed end 18
1In the answer (see pages 2 and 3), the examiner changed
the statutory basis for the appealed rejection from § 102(a)
to § 102(e). Given the issues at bar, this change is of no
practical moment and does not prejudice the appellants in any
way.
2
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