The opinion in support of the decision being entered today was not written for publication
and is not binding precedent of the Board.
Paper No. 13
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ERNEST J. KISER, DEBORAH P. TUOHY,
and JOHN M. DUBOWIK
____________
Appeal No. 1999-1307
Application No. 08/442,035
____________
ON BRIEF
____________
Before ROBINSON, SCHEINER, and MILLS, Administrative Patent Judges.
ROBINSON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 1 - 17, which are all of the claims pending in the application.
Claim 1 is illustrative of the subject matter on appeal and reads as follows:
1. A test strip, for determining the concentration of an analyte in a body fluid,
which comprises:
a cover sheet, having an elongated window cut through it;
a lamellar membrane adjacent to the cover sheet, extending across and into the
window and containing a reagent that reacts with the analyte to produce a color change;
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