The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 44
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte WALLACE H. COULTER, ROBERT K. ZWERNER
ROBERT J. SCHMITTLING and THOMAS R. RUSSELL
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Appeal No. 2002-2279
Application No. 08/556,6671
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ON BRIEF
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Before SCHEINER, GRIMES and GREEN, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of
claims 4-20 and 28; claims 21-27 and 29 are also pending, but have been withdrawn
from consideration; claims 1-3 have been canceled. Claims 4 and 5 are representative:
4. A method of enhancing a selected population or subpopulation of cells of
interest in a fluid sample having a plurality of populations of cells, comprising:
providing a plurality of particles having a density at least two times the density of
the cells of interest and sufficient to provide differential gravity settling, said particles
having bound thereto a reactant which specifically binds to the cells or biological
particles of at least one preselected population or subpopulation not of interest;
mixing a portion of said sample with said particles to bind said particles to said
cells or biological particles of said preselected population or subpopulation without
substantially physically damaging said cells of said selected population or subpopulation
of interest;
differential gravity settling said particles with said bound population or
subpopulation of cells or biological particles in said sample portion, wherein settling is
1 Application for patent filed November 13, 1995. According to appellants, this
application is a continuation-in-part of application serial no. 08/228,791, filed April 15,
1994, now U.S. Patent 5,576,185.
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