Ex Parte Waldenburg - Page 3

                Appeal 2007-1181                                                                             
                Application 10/513,879                                                                       

                the sealed package holding premixed reagents on the absorbent material.”                     
                The issue for us to decide is:  Has the Examiner established that the prior art              
                discloses or suggests the claim limitation of premixed reagents within a                     
                sealed package as claimed?                                                                   
                      For the reasons discussed below, we answer this question in the                        
                affirmative.                                                                                 

                                       RELEVANT FINDINGS OF FACT                                             
                      1) Guadagno discloses “[a] test kit for preparing a chemical test                      
                            pad used in testing for the presence of occult blood in a                        
                            specimen.”  (Abstract).                                                          
                      2) Guadagno discloses that all of the reagents necessary to                            
                            perform the test are contained within an outer package and all                   
                            preparation takes place within the protection of the outer                       
                            package.  (Col. 3, ll. 13-16).                                                   
                      3) Guadagno teaches that the outer package is provided to                              
                            protect the reagent materials from moisture during storage.                      
                            (Col. 3, ll. 18-19).  In one embodiment, the outer package                       
                            includes a top foil sheet and a bottom foil sheet secured                        
                            together about their periphery by means of a heat seal adhesive,                 
                            as previously described.  The package is divided into first and                  
                            second compartments by an internal seal having a weakened                        
                            portion formed in the middle thereof.  A first reagent is retained               
                            in the center of a test pad disposed in the first compartment.  A                



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