Ex Parte KRANTZ et al - Page 10

                Appeal No. 1996-3973                                                                                                         
                Application No. 08/048,657                                                                                                   

                suggests (a) the DMAB indicator or (b) the relative viscosities of the applied indicator and                                 
                reactive reagent solutions of independent claim 14. Therefore, we conclude that the examiner has                             
                not established a prima facie case of obviousness of claims 14-19 over Przybylowicz in view of                               
                                      NEW GROUNDS OF REJECTION - 37 C.F.R..  1.196(b)                                                       
                        Claim 13 is rejected under 35 U.S.C.  102(b) as anticipated by Tietz, taken in light of                             
                Przybylowicz.  According to Tietz, the Kodak Ektachem analyzer of Eastman Kodak Company                                      
                uses a multilayered, 16-mm square test slide in which reagents dispersed in emulsions are                                    
                activated by diffusion of sample fluid into the layers.  From 3-7 layers containing reagents are                             
                used for each of the different tests available.  Figure 1D-6 shows a schematic, exploded view of                             
                the test slide comprising in descending order (1) an apertured upper slide mount, (2) a spreading                            
                layer, (3) a reagent layer, (4) a semipermeable layer, (5) an indicator layer, (6) a support layer and                       
                (7) an apertured lower slide mount.  As to claim 13, the claimed reaction unit layer structure                               
                including a spreadability enhancing material means and means for determining the presence of an                              
                active species reads on the (2) spreading layer and (3)/(5) reagent and indicator layers of Tietz,                           
                respectively, while the claimed backing with aperture reads on the (1) apertured upper slide                                 
                mount.  Przybylowicz, assigned to the Eastman Kodak Company, is cited to establish the                                       
                definition of a spreading layer (see e.g., col. 3, lines 25-56).                                                             
                        Claims 6 and 9 are rejected under 35 U.S.C.  103 as being unpatentable over Evans and                               
                Tietz.  Claim 10 is rejected under 35 U.S.C.  103 as being unpatentable over Evans and Tietz, as                            
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