Appeal No. 95-2889 Page 9
Application No. 07/525,231
B-cell antibodies is determined by subtracting the cells
labeled both red and green in the first count (i.e., the
monocytes alone) from the cells labeled both red and
green in the second count (i.e., the monocytes plus the
lymphocytes labeled with both T-cell and B-cell
antibody). The difference is added to the total number
of lymphocytes detected to provide a more accurate count
of the total percentage of T- and B-cells present
(Saunders at 8:65-9:28).
The examiner finds that Saunders' step of subtracting the
first monocyte count from the second monocyte count (step 3,
above) suggests the presently claimed step of comparing first
and second counts (Paper No. 17 at 7).
"In determining the propriety of the Patent Office case
for obviousness in the first instance, it is necessary to
ascertain whether or not the reference teachings would appear
to be sufficient for one of ordinary skill in the relevant art
having the reference before him to make the proposed
substitution, combination, or other modification." In re
Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
The question is not whether the modification could be made,
but rather "whether it was obvious to do so in light of all
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