Appeal No. 1998-0318 Page 10
Application No. 08/539,466
Claims 40-57 stand rejected as being unpatentable over Hulette in view of Charlton,
Cole-Parmer, and Cathcart. The method recited in independent claim 40 contains the
same requirements with regard to the structure of the sample tube as
claim 23. Adding Cathcart to the combination fails to alleviate the problems discussed
above with regard to claim 23. This being the case, the rejection of claims 40-57 under
35 U.S.C. § 103 also is not sustained.
SUMMARY
The rejection of claim 25 under 35 U.S.C. § 112, first paragraph, is not sustained.
The rejection of claims 40-57 under 35 U.S.C. § 112, first paragraph, is sustained
The rejection of claims 23-39 under 35 U.S.C. § 103 is not sustained.
The rejection of claims 40-57 under 35 U.S.C. § 103 is not sustained.
The decision of the examiner is affirmed-in-part.
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