Appeal No. 95-2889 Page 4
Application No. 07/525,231
DISCUSSION
Appellants request independent consideration of three
groups of claims (Paper No. 13 (App. Br.) at 7-9, 22, and
23) : 3
Group I: claims 1-9 and 17-25;
Group II: claims 10-13, 16, 26-28, 29, and 32; and
Group III: claims 14, 15, 30, and 31
The claims
Claim 1, which is representative of the claimed subject
matter, is reproduced below:
1. A method of obtaining at least one obscured
or partially obscured population analysis from at
least a portion of a sample having at least a first
cell population including at least one population
subset of interest and a second cell population,
comprising:
electronically sensing and counting a first
population including at least the first cell
population and subsets thereof to form a first
count;
shifting the cell population subset of interest
out of said first cell population and at least
partially into a second cell population by binding
microspheres having a reactant bonded thereto
specific to said cell population subset of interest
to said cell population subset;
electronically sensing and counting the
remaining first population including at least the
3While Appellants separate the claims into ten groups,
they state that groups 1, 2, 6, and 7 stand or fall together,
that groups 3, 4, 8, and 9 stand or fall together, and that
groups 5 and 10 stand or fall together (Paper No. 13 at 22-
23).
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