Appeal No. 2003-1489
Application No. 09/256,486
imaged. Whereas appellant goes to great lengths to emphasize
that the "wherein" clause of the claim "describes a
characteristic of the second wall,"7 appellant does not explain
why the transparent wall of Gavin's chamber does not possess this
characteristic.
Regarding the separately argued requirement of claim 11 for
the label containing information for accessing information stored
remotely from the label, we find, as set forth above, that it
would have been obvious for one of ordinary skill in the art to
include all information on the label that is useful in the
process in which the container is used. Certainly, one cannot
patentably distinguish an article from a prior art article by
labeling it with instructions for using the article in a manner
not disclosed by the prior art.
Separately argued claim 31 calls for "at least one feature
includes physical characteristics located at known spatial
locations within a plurality of regions of said chamber, and said
physical characteristics enable the performance of a plurality of
different tests on the biologic fluid sample." We agree with the
examiner that this requirement is met by "Figures 2 and 5 of
Gavin et al. for the teaching of different regions on either side
7 Page 14 of principal brief, last sentence.
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