Appeal No. 2000-0122
Application No. 08/309,925
§ 1.192(c)(7)(1997), we select claim 43 from the grouping of claims
and decide the grounds of rejection in this appeal on the basis of
this claim alone.2 A copy of illustrative independent claim 43 is
reproduced below:
43. A chemical reaction assembly comprising a reaction
support having first and second surfaces and being capable of
transporting fluid contacting the first surface to the second
surface of the support in a direction substantially normal to the
first surface, and a collection plate adjacent to the second
surface having a plurality of wells for receiving fluid transported
through said support.
The examiner relies upon the following references as evidence
in support of the rejections on appeal:
Rosenthal et al. (Rosenthal) 4,882,127 Nov. 21, 1989
Caldwell et al. (Caldwell) 5,112,736 May 12, 1992
Khalil et al. (Khalil) 5,198,368 Mar. 30, 1993
Cody et al. (Cody) 5,324,483 Jun. 28, 1994
Claims 43, 44, 46, 47, 49, 54, 55 and 57 stand rejected under
35 U.S.C. § 102 as anticipated by Rosenthal (Answer, page 3).
Claims 43, 44, 46, 47, 49, 51, 54, 55, 57 and 59 stand rejected
under 35 U.S.C. § 103 as unpatentable over Rosenthal taken with
Caldwell (id.). Claims 43, 44, 46-49 and 54-57 stand rejected
under 35 U.S.C. § 103 as unpatentable over Rosenthal taken with
2Of course, for the rejection of claims 50 and 58, we select
claim 50 from this grouping and decide this ground of rejection
on the basis of claim 50 alone. See In re McDaniel, 293 F.3d
1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002).
3
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