Ex Parte Armstrong et al - Page 10




          Appeal No. 2006-1787                                                          
          Application No. 09/746,361                                                    

          direct contact with the liquid or gel.  Consequently, we do not               
          find error in the Examiner’s stated position, which concludes                 
          that Gilby teaches an interior surface of a capillary body wall               
          defining an elongate separation chamber that is in direct contact             
          with a sample material being analyzed. Therefore, we will sustain             
          the Examiner’s rejection of claims 1 through 21 under 35 U.S.C.               
          § 102.                                                                        
                                         CONCLUSION                                     
               In view of the foregoing discussion, we have sustained the               
          Examiner’s decision rejecting claims 1 through 21 under 35 U.S.C.             
          § 102.  Therefore, we affirm.                                                 
               No time period for taking any subsequent action in                       
          connection with this appeal may be extended under                             
          37 C.F.R. § 1.136(a)(1)(iv).                                                  
















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