Appeal No. 1997-0881
Application No. 08/367,508
sequentially making at least a second punchout in said dried blood spot, said
second punchout having second boundaries, wherein said second boundaries are entirely
outside of said first boundaries so that said second punchout has an inner portion
removed therefrom, said inner portion forming said first punchout.
The references relied upon by the examiner are:
Yee 5,427,953 June 27, 1995
Sadler et al. (Sadler), "Blood-Spot Thyrotropin Radioimmunoassay in a Screening
Program for Congenital Hypothyroidism," Clinical Chemistry, Vol. 25 (6), pp. 933-938
(1979).
Ground of Rejection
Claims 1-5 and 8-10 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Yee and Sadler.
We reverse.
Background
The invention relates to the assay of blood or other body fluids wherein a sample is
deposited on filter paper and allowed to dry prior to removal for testing. This is
accomplished by punching out a portion of the filter paper including the fluid sample and
performing the assay on this punched out portion. The applicants describe the invention
at page 3 of the specification as being directed to a method of making at least a first and
second punchout of a sample of blood or other body fluids which has been dried on a filter
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