Ex Parte OSTGAARD et al - Page 2



          Appeal No. 2003-1946                                                        
          Application 09/156,952                                                      

          sample vial’s cap.  Claim 1 is illustrative:                                
               1.   A sample vial for use in an automated test apparatus,             
          the sample vial comprising:                                                 
               a body comprising an outer surface, an open end, a closed              
          end, and at least one anti-rotation lug about said body outer               
          surface, the anti-rotation lug comprising a generally flat,                 
          longitudinally disposed surface extending radially outwardly from           
          said body outer surface, the longitudinally disposed surface                
          comprising a lowermost edge that is substantially perpendicular             
          to said body outer surface, the lowermost edge located closer to            
          the open end than to the closed end;                                        
               a cap releasably engagable with said body, said cap                    
          comprising an outer surface and a torque pattern on said cap                
          outer surface, said torque pattern comprising a plurality of                
          radially disposed ribs; and                                                 
               a seal disposed between said body and said cap so as to be             
          capable of forming a substantially fluid-tight seal therebetween,           
               wherein both of the flat surface and the lowermost edge of             
          the at least one anti-rotation lug is accessible when the cap is            
          engaged with the body for reacting against proximate structure of           
          the automated test apparatus when installed therein to facilitate           
          at least one of automated removal and installation of the cap.              
                                   THE REFERENCES                                     
          Moore                       5,855,289              Jan.  5, 1999            
                        (filed Apr. 25, 1997)                                         
          Brodner                     5,894,733              Apr. 20, 1999            
          (filed Jan.  7, 1998)                                                       
                                    THE REJECTION                                     
               Claims 1-8, 10 and 12-26 stand rejected under 35 U.S.C.                
          § 103 as being unpatentable over Brodner in view of Moore.                  


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