Appeal No. 95-1459
Application No. 07/897,616
reference particles in an immunoassay where the cells can be
dried and stored for later use while maintaining their light
scatter properties and maintaining autofluorescence at
essentially background levels.
Accordingly, we find that (1) the Hill et al., Molday and
Hess references are from a non-analogous art; and (2) the
hypothetical person having ordinary skill in this art is not
charged with constructive knowledge of these references. In
re Wood, 599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).
Where, as here, the examiner relies on six references in
setting forth the statement of rejection under 35 U.S.C.
§ 103, and where three of those references are from a non-
analogous art, we hold that the cited prior art is
insufficient to support a conclusion of obviousness of claims
1 through 18. The examiner does not argue, and we do not
find, that the combined disclosures of Coulter, Hawkins et
al., and Collins establish a prima facie case of obviousness
of the subject matter defined in the appealed claims.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
-3-
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007