Ex Parte Norris et al - Page 3




              Appeal No. 2005-2545                                                                                                             
              Application No. 10/447,582                                                                                                       




                                                    DISCUSSION                                                                                 
              I. The 35 U.S.C. § 103(a) rejection of claims 32, 33, 35-43 and 45-49 as being                                                   
              unpatentable over Boje in view of Besemer                                                                                        


                     Boje discloses a system for storing and testing laboratory specimens.  The                                                
              system consists of an “organizer for storing, organizing and manipulating laboratory                                             
              containers” (column 1, lines 8 and 9), and a conveyor adjacent the organizer for linking                                         
              it to various testing stations.  The organizer 10 includes an enclosed housing 12, a                                             
              storage area 28 within the housing, a plurality of trays 52 movably disposed in the                                              
              storage area, a like plurality of test tube racks 46 mounted on the trays, an input/output                                       
              unit 32 having a robotic arm 34 for accessing the storage area and the conveyor, a test                                          
              tube rack 46 on the housing adjacent the conveyor for receiving and temporarily                                                  
              retaining test tubes 40 as they are moved between the storage area and conveyor, a                                               
              bar code reader 78 on the housing 12 for reading bar codes 76 associated with the                                                
              racks 46 in the storage area, and a keyboard 84 and monitor 86 for inputting information                                         
              relating to the specimen racks and the manner in which the organizer is to be operated.                                          
              The conveyor comprises a track 36 extending between the organizer and the testing                                                
              stations and a plurality of individual specimen carriers 38 movably mounted on the track                                         
              for transporting respective test tubes.  The robot arm 34 moves test tubes between (1)                                           

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