Appeal No. 2005-2232
Application No. 09/701,587
BACKGROUND
The present invention relates a test apparatus for assaying a component
in a liquid sample. According to Appellants, the test apparatus of the present
invention can be used with liquid samples, such as whole blood. (Brief, p. 2).
Representative claim 11, as presented in the brief, appears below:
11. A test apparatus for assaying a component in a liquid
sample by measuring a reflected light, comprising:
a support defining an upper side and a lower side and having
one of a through hole and a light permeable area,
a reagent layer defining an upper side and a lower side and
having a detecting area, the reagent layer being fixed on the upper
side of the support to cover one of the through hole and light
permeable area, and
a cover including a lower side facing the reagent layer and
which covers at least the detecting area,
wherein at least a portion of said cover covering the
detecting area is black; and
wherein said reflected light is measured from the lower side
of both the reagent layer and the cover.
In addition to the prior art cited on page 3 of the specification, the
Examiner relies on the following references in rejecting the appealed claims:
Japanese Publication (JP ‘065)1 JP 188065 Jul. 06, 1972
Eastman Kodak Company EP 0587222 Mar. 16, 1994
(European Patent Publication)
1 We will rely on the English language translation of this document that has been provided in the
present record.
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