Appeal 2006-1531
Application 10/645,226
Appellant’s invention is concerned with fluid-tight vials useful for
storing and shipping pre-made sterile biological assay fluids (Specification
1-2). Appealed claim 1 is illustrative and reproduced below:
1. A fluid-tight vial comprising:
(a) a substantially cylindrical container with an open end having a
circumferential lip, a circumferential flange integral with said
circumferential lip, a screw thread and a ratchet-toothed ring
proximal to said open end; and
(b) a cap adapted to engage said container’s open end in fluid-tight
fashion, said cap comprising a circumferential skirt, a hinge, a
frangible strip and a flip-top, wherein the inner portion of said
skirt has a screw thread capable of matingly engaging said
screw thread of said open end of said container and a ratchet-
toothed ring capable of lockingly engaging said ratchet-toothed
ring of said open end of said container when said cap is
threaded onto said container
wherein said flip-top has an inner circumferential recess capable of non-
threadedly engaging said circumferential flange to form a fluid-tight seal
between said flange and said recess.
The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Davis US 3,991,904 Nov. 16, 1976
Ostrowsky US 4,487,324 Dec. 11, 1984
Farris US 5,101,870 Apr. 07, 1992
2
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