The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TOMOHIRO TSUJI,
YUSUKE MORI,
TAKASHI SAKATA, and
YUKIO HAMAGUCHI
__________
Appeal No. 2005-0543
Application No. 09/992,221
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, ELLIS, and GREEN, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134. Claims 1 and 11 are
representative of the subject matter on appeal, and read as follows:
1. A method of classifying and counting leukocytic cells and erythroid
cells in a bone marrow fluid comprising leukocytic cells and
erythroid cells and lipid particles comprising the steps of:
(1) (a) mixing a sample of the bone marrow fluid with an
erythrocyte lysing agent to lyse erythrocytes in the sample, thereby
rendering leukocytic cells, erythroid cells and lipid particles in the
sample suitable for staining, and
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