Ex Parte WARDLAW - Page 2



          Appeal No. 2004-1944                                       Page 2           
          Application No. 09/255,673                                                  

          derived from a reading of exemplary claim 32, which is reproduced           
          below.                                                                      
               32. A method for testing a sample of biologic fluid,                   
          comprising the steps of:                                                    
               providing a container for holding the sample, said container           
          having a chamber with a first wall and a transparent second wall,           
          one or more features operable to enable the testing of the                  
          biologic fluid sample at least one of which is located at a known           
          spatial location within said chamber, and a label attached to               
          said container, said label containing information which is used             
          in the performance of one or more tests, wherein said information           
          includes said known spatial location of said feature;                       
               providing a reader module that includes a label reader for             
          reading said label and a field illuminator for selectively                  
          illuminating one or more fields of the sample, each sample field            
          having a known or ascertainable area;                                       
               depositing said sample within said chamber, wherein said               
          sample quiescently resides in said chamber thereafter during the            
          testing;                                                                    
               reading said label with said label reader, thereby                     
          communicating to said reader module said information which is               
          used in the performance of said one or more tests, including said           
          known spatial location of said feature; and                                 
               selectively imaging one or more of said fields of the sample           
          using said field illuminator, including said field of the sample            
          in which said feature is disposed at said known spatial location            
          within said chamber.                                                        
               The sole prior art reference of record relied upon by the              
          examiner in rejecting the appealed claims is:                               
          Merkh et al. (Merkh)          5,281,540           Jan. 25, 1994             







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