Ex parte ROLON et al. - Page 4

              Appeal No. 1997-0881                                                                                        
              Application No. 08/367,508                                                                                  

                            does not specifically disclose a second punchout having a                                     
                            second boundary, wherein the second boundary is entirely                                      
                            outside of a first boundary of the first punchout so that said                                
                            second punchout has an inner portion removed therefrom, said                                  
                            inner portion forming said first punchout.                                                    
              The examiner cites Sadler as similarly teaching a blood testing method utilizing filter paper               
              that is spotted with blood, wherein the blood is allowed to dry, and more than one punchout                 
              is made from the sample.  Referring to Figure 1, the examiner urges that the disclosure of                  
              Sadler could be interpreted to disclose a first punchout and that the second punchout                       
              would be the remaining blood spot wherein the second boundaries is defined by the                           
              periphery of the spot.  (Answer, page 5).                                                                   
                     In considering Yee and Sadler, the examiner has pointed to no factual evidence                       
              which would reasonably suggest the manipulative steps of the claims on appeal which                         
              would result in a second or subsequent punchout of the filter paper containing the blood                    
              sample wherein the boundaries of the second punchout are entirely outside the boundaries                    
              of the first punchout and wherein the second punchout has an inner portion removed                          
              therefrom which is the first punchout.  Both Yee and Sadler disclose the use of multiple                    
              punchouts; but in each case the areas punched out do not overlap in the manner required                     
              by the claims.  Yee may reasonably be said to teach methods of punching out samples                         
              which would maximize the area on the filter paper spotted with the blood (Yee, Figure 2).                   
              In addition, the visual impact of Figure 1 of Sadler might suggest a physical similarity to the             
              resulting punchouts of the claims. However, the examiner's analysis of this figure (Answer,                 
              page 5) does not provide for a second punchout as required by the claims.  In those                         


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