Appeal 2006-2372
Application 10/854,708
The rejections as presented by the Examiner are as follows:
1. Claims 1-3, 8-11, 14, 18, 20, and 21 stand rejected under 35 U.S.C. § 35
U.S.C § 103(a) as unpatentable over Jennings.
2. Claims 6, 7, 12, 13, 15-17, and 19 stand rejected under 35 U.S.C. § 35
U.S.C § 103(a) as unpatentable over the combination of Jennings and Brady.
We affirm.
DISCUSSION
The claims have not been argued separately and therefore, for each
ground of rejection, the claims will stand or fall together. 37 C.F.R. §
41.37(c)(1)(vii). Therefore, we limit our discussion to representative claims
1 and 6.
Claim 1:
Claim 1 is drawn to a method for measuring platelet function. The
method comprises five steps:
i. obtaining a baseline count of platelets in a sample. Claim 1
defines the sample as one that comprises platelets in a liquid
medium obtained from a physiological source of the
platelets, which is devoid of an effective amount of an agent
which interferes with platelet function;
ii. adding an activation agonist to the sample after the baseline
count is performed;
iii. allowing activatable platelets in the sample to activate;
iv. obtaining a count of the unactivated platelets in the sample
from step iii; and
3
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