Appeal No. 2001-0062
Application 08/774,170
consider whether a double patenting rejection is appropriate in view of claim 1 of that
application.
We also note that Pace, column 8, line 65 to column 9, line 19 describes a
method of using the analytical device. One step includes filling reservoirs and samples
through an access hole (not shown) in glass plate 38. Neither the Appellants nor the
Examiner appear to have considered this disclosure on this record and we commend it
to their attention for appropriate consideration. It may be that such an access hole
corresponds to the slot required by claim 1 on appeal.
REVERSED
)
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
BRADLEY R. GARRIS )
Administrative Patent Judge )
) APPEALS AND
)
)
JAMES T. MOORE ) INTERFERENCES
Administrative Patent Judge )
)
JTM/ ki
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