Appeal No. 2005-2410 Page 2
Application No. 08/928,272
BACKGROUND
The present invention relates to a one piece collection container assembly. The
container comprises a tubular housing having opposed first and second ends and a
solid partition within the housing. (Brief, p. 2). Representative claim 1 appears below:
1. A one piece collection container assembly comprising:
an elongated tubular housing having opposed first and second ends; and
a solid partition positioned within said housing between said first and
second ends;
said housing defining a volume for specimen collection therein between
said first end and said partition;
said second end comprising a bottom end below said partition, said
bottom end comprising a rounded bottom having an opening therein.
The Examiner relies on the following reference in rejecting the appealed claims:
Burns 5,458,854 Oct. 17, 1995
Claims 1, 5, 7 and 8 stand rejected under 35 U.S.C. § 102(b) over Burns; and
claims 6 and 9 stand rejected under 35 U.S.C. § 103(a) over Burns. (Answer, pp. 3-
5). We affirm the rejections.
Rather than reiterate the conflicting viewpoints advanced by the Examiner and
the Appellant regarding the above-noted rejections, we make reference to the Answer
(mailed September 17, 2003) for the Examiner's reasoning in support of the rejection,
and to the Brief (filed July 7, 2003) for the Appellant’s arguments there against.
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