Appeal No. 2001-1654 Page 10
Application No. 08/445,584
With respect to the rejection of claims 8 and 22, the examiner additionally
cited Molinaro for teaching the limitation that “the labeling means are
erythrocytes.” Molinaro does not remedy the deficiency discussed above. The
rejection of claims 8 and 22 is also reversed.
Summary
The cited references do not teach or suggest simultaneous incubation of
all the reagents recited in claims 16 and 17, and therefore do not render the
claimed methods prima facie obvious. The rejections under 35 U.S.C. § 103 are
reversed.
REVERSED
Toni R. Scheiner
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/dym
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