Appeal No. 1999-1397 Page 2
Application No. 08/303,924
Claim 129 is representative of the subject matter on appeal and reads as follows:
129. A method for differentiating first and second subpopulations of blood cells
in a blood sample, said first and second subpopulations of blood cells being of similar
volume, electrical conductivity and/or light scattering properties, said method comprising
the steps of:
a) providing a plurality of microspheres having a reactant bonded thereto, said
reactant specifically binding to a moiety present on only the blood cells of said first
subpopulation, said microspheres having a size between about 0.65 and 3.0 microns;
b) mixing said microspheres with said blood sample to cause a plurality of said
microspheres to bind each of the blood cells of said first subpopulation, whereby a
plurality of microsphere/cell complexes are formed in said blood sample; and
c) differentiating said complexes from unbound blood cells in said blood sample
by passing said complexes and unbound blood cells seriatim through a
sensing zone while measuring the respective volume, electrical
conductivity and light scattering properties of said complexes and blood
cells as each passes through said zone.
The references relied on by the examiner are:
Rodriguez et al. (Rodriguez) 5,125,737 Jun. 30, 1992
Kortright et al. (Kortright) 5,223,398 Jun. 29, 1993
Claims 129-132 and 134-140 stand rejected under 35 U.S.C. ' 103 as
unpatentable over Kortright and Rodriguez.
We reverse the examiner=s rejection of the claims.
DISCUSSION
AThe invention . . . addresses the technical problem of differentiating different
subpopulations of white blood cells (WBC=s) in a whole blood sample . . . [T]here are
essentially five different types of WBC=s or >leukocytes= in whole blood . . . lymphocytes,
monocytes, eosinophils, neutrophils and basophils. Each type of WBC[ ] exhibits
characteristic volume . . . electrical conductivity . . . and light scattering properties . . . by
which each cell type can be differentiated from other types of cells . . . While it is now
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