Appeal No. 95-0635
Application 07/768,255
above-quoted limitations. Accordingly, we reverse the rejection
of claim 8 under 35 U.S.C. § 103 as unpatentable over Lilja.
Independent method claims 1 and 12 recite a reagent
containing more than conventional agents used in the glucose
dehydrogenase method for determining the glucose content of
blood. Each of those claims additionally requires a "hemolyzing
agent" in the reagent. Furthermore, claim 1 recites the steps of
(1) "performing an absorption measurement at said wavelength
range [above 650 nm] directly on the sample in the cuvette;" and
(2) "further conducting a secondary absorption measurement to
compensate for background interference in a wavelength range
above 700 nm." By the same token, claim 12 recites the steps of
(1) "determining by transmission photometry the concentration
change of the dye at a wavelength that is in an absorption range
above 650 nm., the dye being selected so that the dye
concentration change takes place at least in a wavelength range
above 650 nm. which is outside the absorption range of the blood
hemoglobin;" and (2) "further conducting a secondary absorption
measurement to compensate for background interference in a
wavelength range above 700 nm."
Manifestly, the examiner has not established a prima facie
case of obviousness of claims containing those limitations. We
have carefully reviewed the examiner's discussion of Pierre,
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