Appeal No. 1998-3050
Application No. 08/586,116
a pipette tip for use in conjunction with a pipettor, the
pipette tip having first and second ends and bearing the
substrate which comprises a separate substrate strip with
distinct reactants in a spaced-apart relation, the substrate
strip disposed longitudinally within the pipette tip,
wherein the pipette tip is in combination with means for
aspirating the sample through the first end of the pipette tip by
a pipettor acting on the second end of the pipette tip, so that
contact is provided between the reactants and the sample on the
substrate strip.
The examiner relies upon the following references as
evidence of obviousness:
Elkins 4,308,028 Dec. 29, 1981
Ebersole et al. (Ebersole) 4,806,313 Feb. 21, 1989
Wainright et al. (Wainright) 5,171,537 Dec. 15, 1992
Appellants' claimed invention is directed to a combination
comprising a pipette tip having a substrate strip disposed
longitudinally therein. The substrate strip contains distinct
reactants in a spaced-apart relation, which strip comes in
contact with liquid sample that is aspirated into the pipette
tip. The sample is analyzed by its reaction with the distinct
reactants on the substrate strip.
Appealed claims 77-87 stand rejected under 35 U.S.C. § 103
as being unpatentable over Wainright in view of Ebersole and
Elkins.
Appellants submit at page 4 of the Brief that "[a]s to the
rejections of claims 77-87, it is applicants' intention that the
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