Appeal No. 1997-3805
Application No. 08/439,602
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of claims
24 through 26 and 30 through 43, all the claims remaining in the application.
Claims 24, 25 and 26 are representative of the claims on appeal and read as
follows:
24. A method for detecting occult blood in a specimen comprising combining the
specimen with
(a) hydrogen peroxide or a peroxide source;
(b) an oxidizable substrate that produces a colored product in the presence of
peroxide and hemoglobin; and
(c) an enhancer consisting of a composition selected from the group consisting of
tertiary and quaternary amines having a phenyl or substituted phenyl group attached to the
nitrogen in a liquid carrier, wherein the peroxide, oxidizable substrate and enhancer are
combined with the specimen in amounts effective to produce a visually detectable color
change if medically significant amounts of blood are present in the specimen.
25. A composition for use as a liquid developer in a test for fecal occult blood
based upon the oxidation of a substrate to a colored product comprising
(a) hydrogen peroxide or a peroxide source;
(b) an amount of an enhancer effective to enhance the amount of colored product
produced; and
(c) a carrier comprising water and ethanol, wherein the enhancer is selected from
the group consisting of tertiary and quaternary amines having a phenyl or substituted
phenyl group attached to the nitrogen.
26. A kit for the detection of occult blood comprising, in packaged combination,
(a) an oxidizable substrate which is converted to a colored product in the presence
of peroxide and hemoglobin; and
(b) a developer comprising a liquid carrier, hydrogen peroxide or a peroxide
source, and an enhancer in an amount effective to enhance the conversion of the
oxidizable substrate to the colored product, wherein the enhancer is selected from the
group consisting of tertiary and quaternary amines having a phenyl or substituted phenyl
group attached to the nitrogen.
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