Ex Parte OSTGAARD et al - Page 4



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

          radially outward from the body outer surface (figures 1-4), and a           
          lowermost edge which is located closer to the open end than to              
          the closed end (figures 1, 2 and 4).  The lowermost edge is shown           
          in figure 4, particularly on the left side, as being                        
          substantially perpendicular to the body outer surface.                      
               The specimen container’s tubular body has an upper                     
          portion (20) adapted for receiving a cap (24) having an outer               
          surface (col. 2, lines 51-52).  The outer surface does not                  
          include a torque pattern.  However, it is undisputed that it                
          would have been obvious to one of ordinary skill in the art to              
          include on the outer surface the torque pattern of Moore’s                  
          centrifuge tube cap (figures 3 and 5).  Also, there is no dispute           
          as to whether it would have been obvious to one of ordinary skill           
          in the art to include, between the body and the cap, a seal which           
          is capable of forming a substantially fluid-tight seal.                     
               Both the flat surface and the lowermost edge of Brodner’s              
          outer anti-rotation ridges are accessible when the cap is engaged           
          with the body (figure 4).  When the body is inserted into a                 
          tray (16), the outer ridges produce a locking type action with a            
          plurality of small ridges (68) in an aperture (62) in the tray              
          (col. 3, lines 34-40; figure 4).  There is no dispute as to                 
          whether the anti-rotation ridges are capable of reacting against            
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