Appeal No. 1999-1307
Application No. 08/442,035
a porous sheet in fluid communication with the membrane, having a porous,
enlarged pillow portion and a compressed portion, the pillow portion being substantially
aligned with the window; and
a backing sheet, adjoining the porous sheet and having a sample port cut through it;
whereby fluid introduced into the sample port can flow through the porous sheet to
the membrane, and analyte in the fluid can react with the reagent to produce a color
change visible through the window.
The reference relied upon by the examiner is:
Blatt et al. (Blatt) 4,761,381 Aug. 2, 1988
Ground of Rejection
Claims 1 - 17 stand rejected under 35 U.S.C. § 103. As evidence of obviousness,
the examiner relies on Blatt.
We reverse for reasons set forth herein.
Discussion
In reaching our decision in this appeal, we have given careful consideration to the
appellants' specification and claims and to the respective positions articulated by the
appellants and the examiner. We make reference to the Examiner's Answer of December
9, 1997 (Paper No. 12) for the examiner's reasoning in support of the rejection and to the
appellants' Appeal Brief, filed October 9, 1997 (Paper No. 11), for the appellants'
arguments thereagainst.
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