Appeal No. 2003-1946
Application 09/156,952
substantially perpendicular to the body of the specimen
container. The generally flat surface and the lowermost edge of
the specimen container’s ridges would be accessible when the cap
is engaged with the body (figure 4). Specimen container anti-
rotation ridges having this shape necessarily would be capable of
reacting against proximate structure of an automated test
apparatus when installed therein to facilitate at least one
automated removal and installation of the cap.
For the above reasons, we conclude that the appellants’
claimed sample vial would have been obvious to one of ordinary
skill in the art within the meaning of 35 U.S.C. § 103.
DECISION
The rejection of claims 1-8, 10 and 12-26 under 35 U.S.C.
§ 103 over Brodner in view of Moore is affirmed.
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