Appeal 2007-0510
Application 10/699,507
1 c) means for measuring the storage stability in the
2 sample moved to the testing station to obtain storage stability
3 data associated with said sample and for transferring said
4 storage stability data to a computer controller, wherein said
5 computer controller is operatively connected to the means for
6 individually moving the test receptacles.
7
8 The Examiner relies on the following evidence in rejecting the claims
9 on appeal:
10 Kolosov et al. (“Kolosov”) 2004/0123650 A1 Jul. 1, 2004
11 O’Rear 2003/0100453 A1 May 29, 2003
12 Tolvanen et al. (“Tolvanen”) US 5,715,046 Feb. 3, 1998
13 Garr et al. (“Garr”) US 5,993,662 Nov. 30, 1999
14 Smrcka et al. (“Smrcka”) EP 1 233 361 A1 Aug. 21, 2002
15
16 B. ISSUES
17 Have the Appellants sustained their burden of showing that the
18 Examiner erred in rejecting claims 39-42 under 35 U.S.C. § 102(e) as being
19 anticipated by Kolosov?
20 Have the Appellants sustained their burden of showing that the
21 Examiner erred in rejecting claims 1-9, 18-29, 38, and 43 under 35 U.S.C.
22 § 103(a) as being unpatentable over the combination of Kolosov, O’Rear,
23 and Tolvanen?
24 Have the Appellants sustained their burden of showing that the
25 Examiner erred in rejecting claims 10-13, 30-33, 44, and 45 under 35 U.S.C.
26 § 103(a) as being unpatentable over the combination of Kolosov, O’Rear,
27 Tolvanen, and Garr?
3
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