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 allPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007