Ex Parte KRANTZ et al - Page 11

                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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