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. DISCUSSIONPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007