Ex Parte MIAN et al - Page 5




          Appeal No. 2004-0615                                                        
          Application No. 08/761,063                                                  

          with a thin, flexible film to seal them from the surrounding                
          environment (col. 3, lines 34-37 and 51-57; col. 7, lines 41-45             
          and 63-65; col. 8, lines 25-30; col. 8, line 67 - col. 9, line 8;           
          col. 18, lines 51-56; col. 19, lines 2-5).  Cottingham teaches              
          that contamination of the laboratory by samples is a problem                
          (col. 1, lines 31-38; col. 2, lines 32-35) and that the fluid               
          flow channels in his apparatus are effectively sealed with                  
          respect to contamination (col. 18, lines 51-56).  Cottingham,               
          therefore, would have fairly suggested, to one of ordinary skill            
          in the art, covering Takase’s flow channels and reagent chambers            
          with a thin, flexible film to seal them with respect to                     
          contamination.                                                              
               Takase does not state that the instruction set is capable of           
          being read by a CD-ROM reader.  However, Takase discloses that              
          1) the format on the bottom side of the disk can be bits, i.e.,             
          unevenness, formed during molding, 2) the position accuracy of              
          the formats can be the same as that of an optical disk, which is            
          very high, and 3) the formats are not limited to the disclosed              
          embodiment (col. 13, lines 1-19 and 50-52; col. 14, lines 10-11).           
          Hence, Zaffaroni’s teachings that 1) compact disks (like the                
          substrate on which Takase’s formats are formed) have very small             
          pits cut into their surface (col. 14, lines 38-41), 2) compact              


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