Appeal 2007-2807
Reexamination 90/006,511
Patent 5,156,811
absorbing any aerosol droplets carried into the plug in
some of the hydrophilic particles in the pores to expand the
particles and block some of the pores;
transferring the tube and drawn sample to a collection
device for collecting the drawn sample; and
reversing the suction device to blow air back through the
plug and eject the sample into the collection device.
8. The level of skill in the art is reflected in the contents of
the applied prior art Ferri, Sharpe, and Puchinger.
9. The patentee has grouped claims 1-9, 13, 14, 16, 17, 18,
19, and 22-29 together for single treatment in Group I, claims 10-12,
15, 21, 30, 33-36, and 37 together for single treatment in Group II,
and claims 38-41 together for single treatment in Group III. (Brief
6:15-20).
10. Ferri discloses that a filter may be used in a pipette and
refers to Sharpe in that regard. (Ferri 5:22-25).
11. Sharpe discloses use of both mouth pipettes without a
mechanical suction mechanism and mechanical pipettes wherein the
suction is provided by a mechanical device. (Sharpe: col.1:14-22).
12. Puchinger discloses that a filter may be placed in the
pipette tip portion of a pipette or further up in the body of the pipette.
(Puchinger col.4:19-24).
E. Principles of law
Obviousness is a legal determination made on the basis of underlying
factual inquiries including (1) the scope and content of the prior art; (2) the
differences between the claimed invention and the prior art; (3) the level of
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