Appeal No. 95-2889 Page 2
Application No. 07/525,231
07/285,856, filed 16 December 1988, now abandoned; and
application no. 07/025,345, filed 13 March 1987, now abandoned
(Paper No. 1 at 1).
The claimed subject matter is directed to an electronic
method and apparatus for obtaining a cell population analysis
of a group of cells of interest (e.g., T-cells) within a
sample when the cells of interest are normally not
specifically detectable within the class of cells to which
they belong (e.g., lymphocytes). In the claimed invention
cells of the class containing the cells of interest are
counted first. The cells of interest are then labeled with
microspheres, changing a property of the cells of interest
such that these cells are shifted into a distinct class of
cells and are no longer electronically sensed as being part of
the class in which they originally belong. The remaining
cells from the class in which the cells of interest belong are
again counted to obtain a second count. A comparison of the
first and second counts is used to obtain the number of the
cells of interest present in the blood sample (Paper No. 1 at
12 and 13).
The examiner rejected claims 10, 16, 26 and 32 under
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