Ex parte ROLON et al. - Page 2




              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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