Appeal No. 2002-0230
Application No. 09/136,070
check valve (76). (Col. 4, ll. 16-20; Fig. 4). Rokugawa discloses each of the reagent
phial (70) is secured to the top of its respective second rotary table (64), and nozzle
(32) of each pump (72) is positioned outside the edge of its respective second rotary
table (64). (Col. 4, ll. 49-53; Fig. 1). The reagent phial does not have a connection
hole in the bottom or a fluid introduction part connected to the bottom of the reagent
phial.
Claim 1 requires a plurality of reagent containers having a connection hole
provided in a bottom surface and a liquid feed mechanism having a fluid introduction
part connected to the connection hole in the bottom surface of each of the reagent
containers. The Examiner has not adequately explained why there is motivation to
move the connection hole from the side of the reagent container of Rokugawa. It
would not have been obvious to place a connection hole in the bottom of the reagent
phial (70), as proposed by the Examiner, because Rokugawa expressly discloses the
reagent phial (70) is secured to the top of its respective rotary table (64).
Consequently, the modification proposed by the Examiner would require the redesign
of the reagent distribution mechanism including phial (70) and the rotary table (64) to
which it is secured. The Examiner cited Zengerle for teaching an electrostatically
driven diaphragm pump. This reference does not solve the deficiencies of Rokugawa
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