Appeal No. 2003-2049
Application 09/003,090
[s]ample information can include, for example, an
identification of the sample and sample type, an
identification of the patient from which the sample was
drawn, an indication of the test or tests to be performed
for the sample, as well as other data, as desired.
We further note that Appellants’ specification states that a bar
code label is disposed on the assay device that includes encoded
information. The specification states that
[t]he encoded information can include information such as,
for example, a patient I.D., an identification of the tests
to be performed on the sample, an identification of the
sample type, or other appropriate or pertinent information.
See pages 17 and 18 of Appellants’ specification. However, we
have not found that this specification has overcome the heavy
burden of presumption that the claimed language “sample
information,” has a different meaning from the ordinary meaning
that would be attributed to those versed by persons skilled in
the relevant art. Thus, we find that the broadest and reasonable
interpretation of the claim language “sample information” must be
information that is dependent upon a particular sample.
Turning to Betts, we find that Betts teaches a test system
which has three components: (1) one or more test reagents which
are specifically reactable with the particular substance or
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