Appeal No. 95-1459
Application No. 07/897,616
This appeal is from a decision of the primary examiner
rejecting claims 1 through 18 under 35 U.S.C. § 103 as
unpatentable over Hill et al. (U.S. Patent No. 4,731,330) "in
view of" Molday (U.S. Patent No. 4,452,773); Hess, "Calcium
Inhibits Catecholamine Depletion by Reserpine from Carotid
Body Glomus Cells," 1 Brain Research Bulletin 359-62 (1976);
Collins et al., "Spectral Properties of Fluorescence Induced
by Glutaraldehyde Fixation," 29 The Journal of Histochemistry
and Cytochemistry no. 3, 411-14 (1981); and Hawkins et al.
(U.S. Patent No. 4,489,162) or Coulter (WO 90/04329).
On consideration of the record, including applicants'
Appeal Brief (Paper No. 19) and the Examiner's Answer (Paper
No. 20), it is
ORDERED that the examiner's decision rejecting claims 1
through 18 under 35 U.S.C. § 103 is reversed.
Neither Hill et al. nor Molday nor Hess is within the
field of applicants' endeavor, namely, preserving cells for
use as controls or standards in cellular analysis.
Furthermore, neither of those references is reasonably
pertinent to the particular problem with which the applicants
were involved, namely, preparing mammalian cells for use as
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