Appeal No. 2004-0615
Application No. 08/761,063
disks are optical disks (which can provide the same position
accuracy as Takase’s formats) (col. 14, lines 32-57), and 3)
CD-ROMs are effective for providing information to a processor
which controls a centripetally-motivated fluid analyzer (col. 21,
lines 36-37; col. 22, lines 5-25), would have fairly suggested,
to one of ordinary skill in the art, using, as an alternative
disk having formats in Takase’s apparatus, an optical disk which
is readable by a CD-ROM reader.
The appellants argue that Cottingham does not disclose the
function of flexible top film 72 and, therefore, fails to suggest
using it to cover Takase’s flow paths 102 (brief, page 10).
Cottingham’s teachings that 1) top film 72 seals the reagent
chambers from the surrounding environment, leaving sample port 74
as the sole means of fluid communication with the exterior of the
test unit (col. 8, line 67 - col. 9, line 8), 2) flap 92,
adhesively bonded to top film 72, closes off sample port 74 so as
to seal the test unit with respect to the outside environment
(col. 8, lines 25-30), and 3) contamination of the environment
caused by exposure to the fluid in the test unit is undesirable
(col. 1, lines 31-38; col. 2, lines 32-35), would have indicated,
to one of ordinary skill in the art, that Cottingham’s top
film 72 functions to help seal the surrounding environment from
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