Ex Parte Biwa - Page 2



             Appeal No. 2006-3010                                                                                 
             Application No. 10/442,288                                                                           

                    Claim 34 is illustrative of the claimed invention, and it reads as follows:                   
                    34.  A sample analyzer comprising:                                                            
                    a conveyer for automatically conveying a sample container containing a                        
             sample;                                                                                              
                    a marking unit comprising a marker for marking the sample container                           
             conveyed by the conveyer; and                                                                        
                    a controller for controlling whether the marker marks the sample container                    
             or not based on sample information.                                                                  
                    The reference relied on by the examiner is:                                                   
             Watson et al. (Watson)  2004/0005245   Jan. 8, 2004                                                  
                                                                   (filed May 9, 2003)                            
                    Claims 1 through 7, 9 through 26, 28, 29 a nd 32 through 35 stand rejected                    
             under 35 U.S.C. § 102(e) as being anticipated by Watson.                                             
                    Reference is made to the brief and the answer for the respective positions of                 
             the appellant and the examiner.                                                                      









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