Ex Parte WARDLAW - Page 2




          Appeal No. 2003-1489                                                        
          Application No. 09/256,486                                                  


               at least one feature operable to enable the analysis of the            
          biologic fluid, said feature located within said chamber at a               
          known spatial location; and                                                 
               a label attached to said container, said label containing              
          information having utility in said analysis, said information               
          including said known spatial location.                                      
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Van Deusen et al.             5,132,097             Jul. 21, 1992           
          (Van Deusen)                                                                
          Gavin et al.                  5,591,403             Jan. 07, 1997           
          (Gavin)                                                                     
          O'Bryan et al.                5,623,415             Apr. 22, 1997           
          (O'Bryan)                                                                   
               Appellant's claimed invention is directed to a container for           
          holding a biologic fluid sample for the purpose of analyzing the            
          sample.  The container comprises a chamber in which a fluid                 
          sample quiescently resides and is imageable through a transparent           
          wall.  The container also comprises at least one feature, which             
          is located within the chamber at a known spatial location, that             
          enables analysis of the biologic fluid.  The feature may be a               
          reagent which reacts with the fluid sample in the chamber                   
          (claim 15), and may further include a through-plane thickness               
          located at or adjacent the known spatial location (claim 17).  In           
          addition, the container comprises a label containing information            
          that is useful regarding the analysis, including the spatial                
          location of the feature.                                                    

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