Ex Parte PHILLIPS et al - Page 2


                 Appeal No.  2001-0931                                              Page       2                    
                 Application No. 09/104,476                                                                            
                               said aperture being adapted to receive and receiving a droplet of                       
                               blood;                                                                                  
                                      a porous membrane having a top surface and an opposing                           
                               bottom surface, said top surface of said membrane adhered to said                       
                               bottom surface of said substrate so that said membrane is in                            
                               registration with said aperture in said substrate, said porous                          
                               membrane being adapted to filter and filtering red blood cells from                     
                               plasma in said blood; and                                                               
                                      a reagent carried on said bottom surface of said membrane,                       
                               the interior of said membrane being substantially free of said                          
                               reagent, said reagent being adapted to react and reacting with                          
                               glucose in blood plasma                                                                 

                        3.     The test strip as recited in claim 1, wherein said membrane has a                       
                               pore size larger than 0 microns and less than 1200 microns.                             
                        5.     The test strip as recited in claim 1, wherein said substrate is                         
                               pantone 420 C.                                                                          
                        The references relied upon by the examiner are:                                                
                 Phillips (Phillips I)              5,556,761                   Sep. 17, 1996                          
                 Phillips et al. (Phillips II)      5,843,692                  Dec.   1, 1998                         
                                            GROUNDS OF REJECTION                                                       
                        Claim 3 stands rejected under 35 U.S.C. § 112, first paragraph as the                          
                 specification fails to adequately describe the claimed invention.                                     
                        Claim 1-9 stand rejected under 35 U.S.C. § 112, second paragraph, as                           
                 being indefinite for failing to particularly point out and distinctly claim the subject               
                 matter which applicant regards as the invention.                                                      
                        Claims 1-9 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
                 over the combination of Phillips I, and appellants’ specification in view of                          
                 Phillips II.                                                                                          
                                                    DISCUSSION                                                         






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