Appeal No. 1996-3973
Application No. 08/048,657
(col. 7, lines 8-64; col. 15, lines 36-40). Tietz has been described above. It would have been
obvious to one of ordinary skill in the art to incorporate the multilayered analytical element of
Kato into the apertured slide mount of Tietz in order to provide a test element/strip capable of
automated use and to use spreading layers comprising diatomaceous earth and/or cellulose
acetate as described by Przybylowicz in view of Kato’s express suggestion to use spreading
layers as described by Przybylowicz.
Claims 1, 3-5 and 11 are rejected under 35 U.S.C. § 103 as being unpatentable over Tietz
and Eggert in view of Przybylowicz and Evans take further in view of Ngo and Phillips. Tietz,
Przybylowicz and Evans have been described above. Eggert describes colorimetric slides for use
with an Ektachem analyzer. The colorimetric slides comprise in descending order (a) a top
diffusion (i.e., spreading) layer which allows an applied sample drop to spread out and penetrate
through at a controlled rate, (b) a chemical or enzyme (i.e., reagent) layer where the reaction
takes place, (c) a dye or color layer (i.e., indicator layer) where dye-coupled and two stage
reactions form a measurable compound and (d) a slide support. Przybylowicz describes
spreading layers comprising diatomaceous earth and/or cellulose acetate (col. 7, lines 8-64; col.
15, lines 36-40), suggests that multi-stage reactions analysis can best be accomplished in an
element having a plurality of reagent layers, each of which may be adapted to enhance or effect
particular reaction stages (col. 12, lines 14-18), e.g., by separating reagents into separate, discrete
layers (col. 12, lines 29-31), and describes determining glucose using a reagent layer comprising
glucose oxidase, peroxidase and o-dianisidine (col. 15, lines 23-25). Like Evans, Ngo and
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