Appeal No. 2003-1489
Application No. 09/256,486
We concur with the examiner that Gavin, like appellant,
discloses a container for holding a biologic fluid sample for
analysis comprising a chamber having a transparent wall which
contains the sample that is imageable through the transparent
wall. The container of Gavin also comprises the claimed "at
least one feature operable to enable the analysis of the biologic
fluid" (claim 1), such as a reagent disposed in the chamber which
reacts with the sample, and a through-plane thickness located at
the known spatial location that is substantially less than the
lateral expanse of that region of the chamber. In addition, the
container of Gavin comprises a label, or bar code, which contains
useful information for the analysis. While the information on
Gavin's label is not described as including the spatial location
of the reagent, Van Deusen evidences that it was known in the art
to include the spatial location of a reagent on the label of a
testing device. Accordingly, we find no error in the examiner's
legal conclusion that it would have been obvious for one of
ordinary skill in the art to provide such information with a
label on a testing device of the type disclosed by Gavin.
Manifestly, it would be a matter of obviousness for one of
ordinary skill in the art to include all the information on such
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