Appeal No.2001-1715
Application No. 08/730,892
BACKGROUND
According to Appellants, the invention relates to bioactive porous partition members
useful in an assay system. Specifically, the invention is directed to an assay system for
testing the coagulation function of blood including platelet aggregation. (Brief, p. 2). Claim
1, which is representative of the claimed invention, appears below:
1. A porous partition member, wherein the porous partition member
comprises a porous material having an aperture and having incorporated and
dried therein at least one agent capable of initiating the blood coagulation
process or platelet aggregation in blood.
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following references:
Przybylowicz et al. (Przybylowicz) 3,992,158 Nov. 16, 1976
von der Goltz 5,051,239 Sep. 24, 1991
The Examiner has rejected claims 1-3, 5-11 and 19-24 as unpatentable under 35
U.S.C. § 103(a) as obvious over the combination of von der Goltz and Przybylowicz.
(Answer, p. 4).
Rather than reiterate the conflicting viewpoints advanced by the Examiner and
Appellants concerning the above-noted rejection, we refer to the Answer and the Briefs.
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