Appeal No. 2003-2049
Application 09/003,090
substances to be detected in the test fluid; (2) a carrier member
for the test reagent or reagents; and (3) a code means which
identifies the particular test device. See Betts, column 2,
lines 23 through 31. The test reagent is a dry chemical which
reacts with the test fluid to give a detectable chemical
response. This response may be spectral, ultraviolet or infrared
radiant energy. See column 2, lines 32 through 55. The carrier
member is a strip of transparent plastic to hold individual paper
matrices into or onto which the test reagents are impregnated.
See column 2, line 57, to column 3, line 6. The code means is a
distinctive indicia on the carrier member which communicates to
the test device the particular test reagent on the carrier means
and what particular test should be performed. See column 3,
lines 24 through 68. Thus, Betts teaches a code means having
information not directed to the sample but directed to what
reagents are present on the carrier strip and what tests are to
be performed that are dependent upon the reagents. Therefore, we
fail to find that Betts teaches an encoded label disposed on the
assay device to provide encoded sample information related to the
sample carried in the assay device, as recited in Appellants’
claims.
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