Appeal No. 2005-0543 Page 3
Application No. 09/992,221
The examiner relies on the following references:
Hansen et al. (Hansen) 4,284,412 Aug. 18, 1981
Hoffman et al. (Hoffman) 4,492,752 Jan. 8, 1985
Inami et al. (Inami) 5,298,426 Mar. 29, 1994
Kim et al. (Kim ’695) 5,516,695 May 14, 1996
Kim et al. (Kim ’037) 5,559,037 Sep. 24, 1996
Bentley et al. (Bentley), “Correction of Bone Marrow Nucleated Cell Counts for
the Presence of Fat Particles,” American Journal of Clinical Pathology, Vol. 104,
No. 1, pp. 60-64 (1995)
Claims 1-11 stand rejected under 35 U.S.C. § 103(a) as being obvious
over the combination of Inami, Kim ’037, Hansen, Hoffman, Bentley and Kim
’695. After careful review of the record and consideration of the issue before us,
we reverse.
DISCUSSION
In the rejection, Inami is cited for teaching a method for measuring
erythrocytic nucleated cells, in which a sample of blood cells containing
erythroblasts is mixed with a hypotonic lysis solution at a pH of 3.5 to 5, resulting
in the lysis of the erythrocytes. See Examiner’s Answer, page 4. A fluorescent
nuclear dye is also added to differentially stain the nucleated cells, and the
sample is subjected to flow cytometric analysis via scattered light and
fluorescence, allowing the nucleated cells to be differentiated and counted. See
id. The reference is also cited for teaching that the method may be applied to
bone marrow samples. See id. Kim, Hansen and Hoffman are cited for teaching
similar flow cytometric techniques.
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