Ex Parte Maggiore et al - Page 4

                Appeal 2006-2897                                                                                
                Application 10/074,715                                                                          

                          composition containing a chelating agent and a . . . cell lysing                      
                          agent.”  Spec. at 2, ll. 2-5.                                                         
                       2. As broadly described, the invention may contain a “surfactant,”                       
                          i.e., a detergent.  See id. at 3, l. 32.                                              
                       3. Also as broadly described, antifreeze agents and preservative                         
                          agents are optional.  See id. at 2, ll. 2-5.                                          
                       4. Anti-microbial agents are one class of preservatives.  Id. at 3,                      
                          ll. 23.                                                                               
                       5. A preferred preservative is sodium azide.  Id. at 6, l. 13.                           
                       6. A particularly preferred antifreeze agent is ethylene glycol.                         
                          Id. at 6, ll. 20-21.                                                                  
                       7. “Biological fluid specimens that can be preserved” with                               
                          Appellants’ compositions include “whole blood, plasma,                                
                          serum . . . .”  Id. at 4.  See also id. at 11 (Example 3).                            
                       8. Serum would include serum proteins.  See, e.g., Steaffens, col. 4,                    
                          ll. 19-21.                                                                            
                   II. Claim Interpretation                                                                     
                     1.  Claim 12 requires: “about 0.05 to about 0.5 weight percent of a                        
                        chelating  agent” and “about 5 to about 25 weight percent of a cell                     
                        lysing agent,” with “the remainder being water.” See claim 12                           
                        (quoted above).                                                                         
                     2. “The term ‘chelating agent’ . . . means any chemical substance                          
                        capable of chelating, complexing, or sequestering alkaline earth or                     
                        transition metal ions [and] includes complexing agents and                              
                        sequestering agents.”  Spec. at 3, ll. 15-18.                                           


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