Ex Parte OSTGAARD et al - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and is not binding precedent of the             
          Board.                                                                      
                                                            Paper No. 44              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                   Ex parte ROY A. OSTGAARD, EDWARD J. O’CONNELL                      
                                 and MARK J. LICARI                                   
                                     __________                                       
                                Appeal No. 2003-1946                                  
                               Application 09/156,952                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before OWENS, LIEBERMAN and KRATZ, Administrative Patent Judges.            
          OWENS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1-8, 10              
          and 12-26, which are all of the claims remaining in the                     
          application.                                                                
                                    THE INVENTION                                     
               The appellants claim a sample vial having on the body                  
          thereof at least one specified anti-rotation lug for reacting               
          against proximate structure of an automated test apparatus to               
          facilitate at least one automatic removal and installation of the           
                                          1                                           




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