Ex Parte Mathus et al - Page 1



               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
                                                                                     
                                                                                     

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
          Ex parte GREGORY MATHUS, DANIEL J. SEGUIN and VICTOR A. TORTI               
                                    _____________                                     
                                Appeal No. 2005-2350                                  
                             Application No. 10/056,352                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    
          Before THOMAS, JERRY SMITH and SAADAT, Administrative Patent                
          Judges.                                                                     
          THOMAS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               Appellants have appealed to the Board from the examiner’s              
          final rejection of claims 22 through 36.                                    
               Representative claim 22 is reproduced below:                           
                    22.  A test tube, comprising:                                     
                    a tube body of unitary construction comprising an                 
               enclosed sidewall and an integral bottom that together                 
               define a tubular container having an open top, wherein said            
               bottom has an exterior surface upon which machine readable             
               data is encoded within an opaque coating deposited onto said           
               exterior surface to uniquely identify said test tube.                  





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