Appeal No. 2003-0231 Page 2
Application No. 09/749,372
BACKGROUND
The appellant's invention relates to a microscope slide carrier assembly having a
record pocket integral with a microscope slide carrier (specification, p. 1). A copy of the
claims under appeal is set forth in the appendix to the appellant's brief.
The prior art relied upon by the examiner in rejecting the appealed claims is:
Young et al. (Young) 4,919,268 Apr. 24, 1990
Yuen 4,936,462 June 26, 1990
Official Notice that it was known in the art to provide a container having a stacking
means such as protrusions and recesses to facilitate stacking.
Claims 4 and 7 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.1
Claims 1, 3, 4, 6, 7, 13 and 14 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Yuen.
1 Since claim 6 depends from claim 4 it appears that this ground of rejection should have also
been applied to claim 6.
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