Appeal No. 96-1355
Application 07/896,209
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 2 through
8, 10 through 13, 16, 17, 21 through 24, 26 through 29 and 85 through 88, all the claims
in the application.
Independent claim 85 is illustrative of the subject matter on appeal and reads as
follows:
85. A method of ascertaining the presence of granulocytes in a sample of whole
blood which comprises the steps of:
providing an assay medium which includes a diagnostic system consisting
essentially of a peroxide and an oxidation-sensitive indicator which is capable of
undergoing a myeloperoxidase-catalyzed color change reaction with said peroxide;
withdrawing the blood sample from a subject;
disrupting red blood cells in the sample by lysis and removing the debris of the
disrupted red blood cells by trapping the granulocytes on a membrane and passing said
debris through the membrane to isolate said granulocytes and to remove from the blood
sample components in the sample that might interfere with a determination of the
granulocytes in the sample;
lysing the isolated granulocytes in the blood sample on said membrane to release
intracellular myeloperoxidase present in said granulocytes;
bringing the peroxide and indicator in the assay medium into contact with the
released myeloperoxidase in that area of the membrane where the myeloperoxidase is
released to catalyze color developing reactions between the peroxide and the oxidation-
sensitive indicator; and
employing a change in the color of the indicator as evidence of the presence of
granulocytes in the blood sample.
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