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). 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007