Ex Parte KRANTZ et al - Page 12

                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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