Appeal No. 1999-1307
Application No. 08/442,035
Background
Claim 1 is directed to a test strip for determining the concentration of an analyte in a
body fluid comprising a cover sheet having an elongated window cut through it, a lamellar
membrane adjacent to the cover sheet which extends across and into the window and
contains the reagent which reacts with the analyte present in the sample to produce a
detectable color change, a porous sheet in fluid communication with the membrane, having
a porous, enlarged pillow portion and a compressed portion wherein the pillow portion is
substantially aligned with the window and a backing sheet adjoining the porous sheet and
having a sample port cut through it.
The rejection under 35 U.S.C. § 103
The examiner's rejection of claims 1 - 17 depends, solely, on the teachings of Blatt.
While we would agree that Blatt describes a device which provides a means for dealing
with the problem of excess sample so that excess liquid does not interfere with obtaining a
proper reading (Answer, page 4) which, at least in part, reflects one of the benefit
attributed to the present claimed invention, (Specification, page 2, second paragraph), we
do not agree with the examiner's stated conclusion that (Answer, page 5):
[i]t would have been obvious to one of ordinary skill in the art at the time of
the invention was made to have both a pillow portion and a compressed
portion of the porous layer in the test strip of Blatt because Blatt teaches
various forms of porous reagent layers and teaches an absorbent portion to
absorb excess sample.
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