Ex Parte WONG et al - Page 3


                Appeal No. 2002-1629                                                  Page 3                  
                Application No. 08/863,121                                                                    

                enable precise colorimetric analysis of the hemoglobin content in the                         
                erythrocytes.”  Id., page 2.                                                                  
                      The specification discloses “cyanide-free reagents for use in the rapid                 
                formation of a stable and detectable chromogen which is indicative of the amount              
                of hemoglobin present in a whole blood sample by conventional methodology.”                   
                Page 1.  The disclosed reagents comprise one of several specified quaternary                  
                ammonium salts together with a hydroxylamine salt.  See, e.g., page 3.                        
                                                 Discussion                                                   
                      Claim 25, the broadest claim on appeal, is directed to a “cyanide-free lyse             
                reagent” comprising at least one of certain quaternary ammonium salts in                      
                combination with at least one of several hydroxylamine salts.  Claim 25 also                  
                specifies that the “reagent produces a chromogen having maximum absorbance                    
                between 530 and 550 nm.”                                                                      
                      The examiner rejected claims 26, 26, and 28 as obvious in view of Toda,                 
                Ledis, and Bunn, and rejected claims 27 and 29 over those references further                  
                combined with Naranayan.  Since both rejections rely on the combination of                    
                Toda, Ledis, and Bunn, we can consider them together.                                         
                      The examiner characterized Toda as “teach[ing] an aqueous cyanide free                  
                hemoglobin and leukocyte reagent which includes at least one quaternary                       
                ammonium salt [albeit not one of those recited in the instant claims], . . . and an           
                oxidant capable of oxidizing heme in hemoglobin, such as sodium nitrite.”                     
                Examiner’s Answer, page 5.  He acknowledged that Toda “does not teach                         







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