Ex Parte OSTGAARD et al - Page 9



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

          (col. 2, lines 53-54).2  The body has thereon vertically oriented           
          anti-rotation ridges (34) (col. 3, lines 47-49) having lower                
          edges which are closer to the open end than to the closed end               
          (figures 1 and 2).3  Brodner does not describe the shape of the             
          specimen container’s anti-rotation ridges.  Brodner, however,               
          teaches that these ridges are in pressing engagement between (not           
          against) the sleeve’s inner ridges (58) to prevent twisting or              
          turning of the sleeve on the specimen container (col. 3,                    
          lines 47-49).  This teaching would have fairly suggested, to one            
          of ordinary skill in the art, specimen container ridges and                 
          sleeve ridges having the same shape for maximizing the pressing             
          engagement and thereby maximizing the prevention of twisting or             
          turning of the sleeve on the specimen container.  Thus, like the            
          sleeve’s inner ridges, the specimen container’s anti-rotation               
          ridges would have a generally flat, longitudinally disposed                 
          surface extending radially outward from the specimen container’s            
          outer surface, as shown in figures 2 and 4 and, as shown                    
          particularly in figure 4, could have a lower edge shape which is            

               2                                                                      
               2 As discussed above, it is undisputed that it would have              
          been obvious to one of ordinary skill in the art to place between           
          the body and the cap a seal which is capable of forming a                   
          substantially fluid-tight seal between them.                                
               3                                                                      
               3 In figure 2 the numbers 10 and 34 should be reversed.                
                                          9                                           




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