Appeal No. 2006-1420
Application No. 09/933,000 Page 4
invention and the test apparatus of JP ’065 measure the samples through the
use of reflective light.
A person of ordinary skill in the art would have recognized that the
structural components of a reflective test apparatus should be designed to
achieve optimal results and comprise components that would not interfere with
the results achieved by the device. EP ‘222 is evidence that a person of ordinary
skill in the art would have recognized that the color of the structural components
of a test apparatus adjacent to a light detecting (read) area could interfere with
the test values achieved by the apparatus. (Page 6, ll. 34-53). That is, the
color/materials of the frame and cover should be designed not to increase
interferents (reflected light) that would interfere with the operation of the test
apparatus. Thus, a person of ordinary skill in the art would have reasonably
expected that the color black, which absorbs light and reduces interference with
the read area, would have been suitable for the cover of the JP ‘065 test
apparatus.
Appellants’ arguments regarding claims 13-15 are not persuasive. JP
‘065 discloses the height of the cover can be adjusted to a predetermined height
as needed. (JP ‘065, translation page 5). As such, the adjustment of the height
of the cover, including to the point of contact with the reagent layer, would have
been obvious to a person of ordinary skill in the art.
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