Appeal No. 1996-3973
Application No. 08/048,657
applied to claim 6 above, and further in view of Przybylowicz. Evans (also assigned to Eastman
Kodak Company) describes a multilayered analytical element (i.e., test strip) for determining
glucose comprising a spreading layer containing both a reactive reagent (i.e., glucose oxidase and
peroxidase) and a substance promoting the spreading of a liquid (i.e., poly(vinyl pyrrolidone))
overlying a registration layer comprising an indicator reagent (i.e., 2-(benzensulfonylhydrazino-)-
5-nitropyridine (see EXAMPLE 13, col. 11). Przybylowicz describes spreading layers
comprising poly(vinyl pyrrolidone) (col. 7, lines 28-43) and use of diatomaceous earth and/or
cellulose acetate as alternative spreading agents (col. 7, lines 8-64; col. 15, lines 36-40). Tietz
has been described above. As to claims 6 and 9, it would have been obvious to one of ordinary
skill in the art to incorporate the multilayered analytical element of Evans into the apertured slide
mount of Tietz in order to provide a test element/strip capable of automated use. As to claim 10,
it would have been further obvious to use diatomaceous earth and/or cellulose acetate as
additional/alternative spreading agents in a spreading layer as suggested by Przybylowicz.
Claims 1, 4 and 5 are rejected under 35 U.S.C. § 103 as being unpatentable over Kato,
Przybylowicz and Tietz. Kato describes a multi-layered analytical element for determining
glucose comprising a support having thereon in ascending order a reagent layer containing a dye
coupler (i.e., an indicator reagent), an enzyme-containing layer containing glucose oxidase and
peroxidase and a porous spreading layer (abstract). Spreading layers as described by
Przybylowicz can be used, including layers comprising diatomaceous earth (col. 5, lines 22-29).
Przybylowicz discloses spreading layers comprising diatomaceous earth and/or cellulose acetate
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