Ex Parte FORROW et al - Page 4


          Appeal No. 2004-0381                                                        
          Application No. 09/924,267                                                  

          II. The 35 U.S.C. § 103 rejections                                          
               On pages 6-8 of the Office action of Paper No. 21, the                 
          examiner sets forth his position regarding these § 103                      
          rejections.                                                                 
               The examiner states that Arai sets forth a sensor for                  
          measuring an analyte in a sample, and that Arai teaches an                  
          electrode comprising a thin working layer.  On page 7 of the                
          answer, the examiner indicates that the electrode of Arai is                
          made, in part, from printed carbon ink.  Yet, on page 7 of Paper            
          No. 21, the examiner states that Arai “does not mention using               
          electroconductive carbon ink with a printed track; Arai uses                
          copper ink”.                                                                
               Upon our review of Arai, we find the following.                        
               Figure 2 of Arai indicates a copper lead and an electrode.             
          The electrode is discussed in Section 2-2 of Arai.  Here, Arai              
          discloses that the substrate has a copper paste lead.  Also, the            
          electrode material is made of carbon black combined with glucose            
          oxidase (GOD) and ferrocene, in an organic-solvent-based binder             
          solution, to produce the ink.  The ink is printed on the                    
          portions of the lead not coated with the resist to make an                  
          enzyme electrode.  Screen printing is used for all printing.                
               Section 3-2 of Arai indicates that Figure 3 shows a cyclic             
          voltammogram of an enzyme electrode wherein the enzyme electrode            
          has a diameter of 5 mm and a thickness of 5 microns.                        
               Section 3-3 of Arai indicates that Figure 4 shows the data             
          obtained by measuring the relationship between glucose                      
          concentration and response current at various electrode                     
          thicknesses.  The greater the electrode thickness (5, 8, and 10             
          microns), the greater the response current.  At a thickness of              
          10 microns, marked increases in current were seen up to a                   
          concentration of glucose of 500 mg/dl.  As electrode thickness              

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