Appeal No. 2003-1489
Application No. 09/256,486
of the restriction 42, in the chambers 30-34, which can contain
different reagents 28, 29, 39."8 As explained by the examiner,
"Gavin et al. shows a chamber that includes a plurality of
regions, each region having through-plane thickness that enables
the performance of a plurality of different tests on the
biological sample."9 The examiner's analysis rebuts appellant's
argument that "[t]here is no disclosure of any physical
characteristics within any of the conduits 30-34 that enable the
performance of a plurality of different tests."10 As for
separately argued claim 33, appellant has advanced no reason why
the structure of Gavin's container does not allow for the claimed
iterative performance of a test. The fact that Gavin discloses,
as urged by appellant, that the cuvette 12 can be disposed once a
PT test has been completed does not mean that iterative tests
cannot be performed before disposal. Indeed, as noted by the
examiner, appellant's specification teaches that a distinct
advantage of the claimed container is that it is disposable.
Concerning the recitation in claims 17 and 40 pertaining to
the relative size of the through-plane thickness versus the
8 Page 12 of Answer, second paragraph.
9 Id.
10 Page 20 of principal brief, third paragraph.
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