Appeal No. 2004-2052
Application 09/509,147
upper portion of the stirrer, and fixing means for holding a
plurality of reaction vessels, “wherein when the adapter block is
co-operatively positioned on a magnetic stirrer, each and every
position for holding a reaction vessel is effectively located for
stirring with respect to the magnetic field,” as required in
independent claim 1 on appeal. Nor do we see that Jones teaches
an adapter block that is “removable from the laboratory magnetic
stirrer without removing a fastener,” as set forth in claim 1.
Moreover, we note that the examiner has not in any way
established that the ring (17) of Jones is capable of acting as a
guide means “to ensure that each and every position for holding a
reaction vessel is effectively located for equivalent stirring”
when the adapter block is seated on a laboratory magnetic
stirrer, as required in claim 3 on appeal. Contrary to the
examiner’s apparent belief, we see the above-noted limitations as
being more than mere statements of intended use, and instead
perceive those limitations as requiring both a structural
relationship and functional interaction with a laboratory
magnetic stirrer clearly not present in, nor in any way apparent
from, Jones.
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