Ex Parte BUECHLER et al - Page 3



          Appeal No. 2003-2049                                                        
          Application 09/003,090                                                      

          embodiment of Appellants’ invention.  See page 17 of Appellants’            
          specification.  The assay device drive includes drive electronics           
          304, a position encoder 308, and an encoded tag reader 312 such             
          as, for example, a bar code reader.  Encoded device reader 312 is           
          used to read the encoded tag provided on the assay device.  An              
          encoded tag reader 312 senses the encoded tag information from              
          the label on the assay device and provides this information to              
          the processor 104.  The encoded information includes information            
          such as, for example, a patient I.D., an identification of the              
          tests to be performed on the sample, an identification of the               
          sample type, and other appropriate or pertinent information.                
          This information can be used to log the test results as well as             
          to control the type of testing performed or test parameters used.           
          See pages 17 and 18 of Appellants’ specification.                           
               Independent claim 1 is representative of the claimed                   
          invention and is reproduced as follows:                                     
               1.  A fluorometer for taking fluorometric readings of a                
          sample, comprising:                                                         
               an assay device for carrying the sample to be tested;                  
               an optical energy source for exciting the assay device                 
          carrying the sample by irradiating the assay device with optical            
          energy;                                                                     
               an optical energy detector for detecting energy emitted from           
          the excited assay device due to the irradiation;                            
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