Appeal No. 1996-2645
Application 08/229,910
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. An allergy test strip for use in determining if a person has allergic reactions to
allergens, consisting of
a perforated layer of non-allergenic material having an adhesive layer on a back
side thereof;
said perforated layer having a top side with at least one perforation extending from
said top side through the material and through the back side adhesive layer.
The references relied upon by the examiner are:
Saunders, Jr. (Saunders) 3,894,531 July 15, 1975
Gardiner 4,228,796 Oct. 21, 1980
Smith et al. (Smith) 5,254,109 Oct. 19, 1993
The reference made of record and relied upon by this merits panel is:
Schaar 3,073,304 Jan. 15, 1963
Claims 1 through 10 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Gardiner, Saunders and Smith. We reverse the
examiner’s rejection and institute a new ground of rejection. In addition, we raise other
issues for consideration by the examiner.
DISCUSSION
The linchpin of the examiner’s rejection is Gardiner. Gardiner describes an insulin
injection guide (10) which comprises a flexible, flat sheet-like material (12) of generally
rectangular shape. The material (12) has a plurality of holes (32) passing therethrough
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