Appeal No. 1999-1326
Application No. 08/413,294
transport medium.” (Col. 2, lines 4-7). This disclosure is further embodied by the
description of Figure 1, at column 2, line 57 – column 3, line 26. The disclosure of
Horlack would appear to be particularly relevant to appealed claim 1.
We would interpret claim 1 to be directed to a flat pouch, which is capable of
holding a reagent strip, having proximal and distal ends and having a chamber and
a first seal and second seal wherein the second seal is stronger than the first seal.
The specification, at page 3, indicates that :
“[t]he first seal, located proximally to the user, enables a
preservative which is maintained within the pouch to be
sealed during shipment of the pouch to the user.
Thereafter, the user punctures the first seal upon
placement of the reagent pad into the pouch.”
Also as stated at page 10 of the specification: “The upper temporary seal breaks
when the user inserts the sample collection device into the pouch.” We note that
claim 1 does not require the presence of the reagent strip (compare claim 7) and
does not require the collar capable of forming a third seal proximal to the first
(compare claim 6). The flat pouch described by Horlack would reasonably appear
to explicitly describe all the elements of the claimed invention of at least claim 1 in a
single reference.
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007