Appeal No. 1998-2581
Application No. 08/472,965
OPINION
The examiner finds that Zipilivan discloses a device having
a “chamber provided with the membrane and absorbent, a sample
collection container or section for introducing a pipette from
the top of the chamber, and forming an auxiliary reservoir, and
having an opening for inserting the reservoir.” Office Action
dated Dec. 18, 1995, Paper No. 4, page 2 (incorporated by
reference in the Final Rejection and the Answer). The
examiner’s position is that the prior art discloses an opening
and pipette adapted to fit that opening which reads on the
claimed aperture and sealing means (Answer, page 4).
Appellant submits that Zipilivan discloses a pipette 34 as
a means for the introduction or withdrawal of liquid from
channel 36 into which the pipette 34 is inserted (Brief, page
11). Appellant argues that claims 1 and 2 expressly recite
means for providing a gas-tight or liquid-tight seal between the
auxiliary reservoir and the concentration chamber while
Zipilivan does not teach any such gas/liquid-tight sealing
relationship between the pipette 34
4
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