Ex Parte KUNDU et al - Page 4




            Appeal No.2001-1715                                                                               
            Application No. 08/730,892                                                                        

            dry chemical analysis techniques as alternative to solution chemical analysis techniques.         
            (Answer, p. 4).  Przybylowicz describes diagnostic quantitative chemical analysis of              
            biological liquids including body fluids such as blood, plasma and urine.  (Col. 1).  The         
            diagnostic element includes a spreading layer and a reagent layer.  The particular interactive    
            materials that may be distributed within a reagent layer will depend on the analysis of           
            choice.  Przybylowicz also discloses that the reagent could also be placed in the spreading       
            layer for direct analysis in the absence of a reagent layer.  (Col. 9).  Examples of the          
            diagnostic elements include pH test strips and similar indicators wherein the paper  responds     
            to contact with test liquid and either generates color or changes color.                          
                   The claimed invention is directed to a porous partition that comprises a porous            
            material having an aperture and having incorporated and dried therein at least one agent          
            capable of initiating the blood coagulation.  The claimed partition member is similar to the      
            separating member of von der Goltz.  The separating member of von der Goltz is not                
            described as having incorporated therein at least one dried agent capable of initiating the       
            blood coagulation.  It appears the Examiner has over generalized Przybylowicz’s description       
            of dry chemical analysis versus solution chemical analysis.  The Examiner has not                 
            adequately explained or identified evidence that a person of ordinary skill in the art would      
            have reasonably expected that the method of analysis described by Przybylowicz would              


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